The court condoned a two-day delay in filing an appeal regarding an Employees Compensation Act award. Consequently, the appeal was permitted, and the execution of the award was stayed.
Delay of two days in filing appeal condoned; appeal admitted; execution of award stayed pending final disposal.
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Oriental Insurance Co. Ltd. vs. Tokpen Tamang & Ors.
CMP(M) No. 1762 of 2017.
02.01.2023 Present:
Dr. Lalit K. Sharma, Advocate, for the appellant. Ms. Veena Sharma, Advocate, for respondents No.1 and 2.
Mr. Manoj Chauhan, Addl. Advocate General and Mr. Varun Chandel, Additional Advocate General, for respondent No.3.
Mr. Nitin Thakur, Advocate, vice counsel for respondent No.4.
CMP(M) No. 1762 of 2017.
Despite various opportunities no reply has been filed. Petitioner has sought to assail the award dated 29.06.2017 passed by the learned Commissioner under the Employees Compensation Act, in Case No. 12-2 of 2013. The filing of appeal has been delayed by two days. It is submitted in the application that the process for filing the appeal could not be completed within stipulated time of limitation, keeping in view various channels through which the file had to travel before the final decision in the matter could be taken in respect of filing of appeal.
Application is duly supported by an affidavit. Moreover, there is no rebuttal to the facts stated in the application as no reply has been filed. The delay is merely of two days. Keeping in view the entirety of the facts and circumstances, there are sufficient reasons for condonation of delay and the same is accordingly condoned. The application is allowed.
FAO No. of 2023.
Be registered.
Admit on substantial questions of law as
formulated at page Nos. 6 and 7 of the paper book.
Records be requisitioned for the next date.
List on 10th March, 2023.
CMP No. of 2023.
Be registered.
The award amount stands already deposited by the appellant before the learned Employees Compensation Commissioner on 24.08.2017. In view of this, the execution of impugned award is stayed till final dispoal of the appeal.
(Satyen Vaidya) Judge.
2nd January, 2023. (jai)
2 issues framed by the court
Whether to condone the two-day delay in filing the appeal against the Commissioner's award.
Whether the execution of the impugned award should be stayed pending the final disposal of the appeal.
1 provisions across 1 enactments
Oriental Insurance Co. Ltd.
Tokpen Tamang
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
