Dismissed

State of Rajasthan and Anr. v. Heera Lal and Ors.

Rajasthan HC2 Sept 2020CMA/1277/2017

Case brief

AI extract

What is this about?

This order dismissed an appeal arising from a Workmen's Compensation award due to uncondoned gross delay of 1903 days. The court rejected the State's justification, noting they did not contest after proper notices, while allowing the commissioner's certificate as the amount was already deposited.

What did the court decide?

The application under Section 5 of the Limitation Act for condonation of delay was dismissed; the application for placing the certificate of Commissioner was allowed.

State of Rajasthan and Anr. Vs Heera Lal… — Civil Procedure and Limitation | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Misc. Appeal No. 1277/2017

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State Of Rajasthan Through The Programme Officer Mnrega Cum Block Development Officer, Panchayat Samiti Sumerpur, District Pali Rajasthan

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District Programme Coordinator Mnrega Cum District Collector, Pali, District Pali Rajasthan

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----Appellants

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Versus

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Heera Lal S/o Late. Shri Prabhu,

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Jayanti Lal S/o Shri Heera Lal,

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Miss Renuka D/o Shri Heera Lal,

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Miss Usha D/o Shri Heera Lal, Respondent No. 3 And 4 Are Minor Therefore, Represented Through Guardian Shri Heera Lal S/o Late Shri Prabhu, All By Caste Prajapat, Resident Of Village Dujana, Sumerpur, Jaipur At Present Shivaji Nagar, Dudu, Tehsil Dudu, District Jaipur, Rajasthan.

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----Respondents

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For Appellant(s) : Mr. Rajeep Singh for Mr. Manish Tak, Dy.GC.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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02/09/2020

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The present appeal arises out of an award, under the Workmen’s Compensation Act, 1923, dated 17.10.2011.

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The workman late Smt. Pyari Devi was discharging her regular work in the NREGS Scheme at Koshilav Road, Near Mata Ji Mandir, Village Dujana, Tehsil Sumerpur, District Pali, when she suddenly fell ill and succumbed to the illness. The learned Tribunal has awarded a sum of Rs.2,58,780/- with interest in favour of the claimants.

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(2 of 2)

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[CMA-1277/2017]

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The matter comes up on an application under Section 5 of the Limitation Act for condonation of delay of 1903 days in filing the appeal.

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Also there is another application No.01/19 for placing the certificate of Commissioner whereby the amount in question has already been submitted by the State vide demand draft No.964038 dated 23.10.2019 on 31.10.2019.

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Learned counsel for appellant-State submits that the exparte proceedings were initiated and best of care and caution has been taken to timely file the appeal.

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This Court, on carefully examining the record as well as the application under Section 5 of the Limitation Act, finds that the notices were issued way back in 2009, whereas the award has been passed after a detailed ex-parte hearing on 17.10.2011. The reasons given in the application under Section 5 of the Limitation Act do not induce confidence and on bare reading of the paragraphs, it becomes clear that the State itself did not choose to contest the case after proper notices were served upon them, no satisfactory reason has been given to explain the gross delay of 1903 days.

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In light of the aforesaid observations, the application under Section 5 of the Limitation Act is dismissed. The application for placing the certificate of Commissioner is allowed.

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The present appeal is dismissed as the delay is not condoned. This Court also takes note of the fact that the amount in question has already been deposited by the appellants.

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(DR. PUSHPENDRA SINGH BHATI),J

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1-Zeeshan/-

State of Rajasthan and Anr. v. Heera Lal and Ors.

Case brief

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State of Rajasthan and Anr. v. Heera Lal and Ors.

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