Bachan Bhumij vs. The Manager

I.A. 427/2016 BEFORE HON'BLE MR JUSTICE KALYAN RAI SURANA

Heard Mr. B. Pushilal, learned counsel for the applicant as well as Ms. S. Khaun d, the learned counsel appearing for the opposite party.

By filing this application u/s 5 of the Limitation Act, the applicant ha s prayed for condoning the delay of 403 days beyond the period of limitation in preferring the connected appeal.

It is stated that the learned Commissioner, Workmen's Compensation has r educed the award by judgment dated 21.07.2014 from the Rs.2,86,476/- to 1,05,313 /- without issuing any notice to him and aggrieved by the same he lodged the com plaint before this Court. On receipt of the complaint address to the Hon'ble The Chief Justice, the matter was forwarded to the Legal Service Authority for prov iding legal aid to the applicant although the notices were issued to the applica nt but he did not received notice and coming to know about the matter he filed t he connected appeal on 28.10.2015. It is submitted that only on receiving advice

from the counsel at Tezpur, he had taken some time to arrange for expenses to p refer an appeal and accordingly, the delay had inadvertently occurred in filing the connected appeal.

The learned counsel for the opposite party has opposes the prayer, but this Cour t is of the considered view that the explanations given by the applicant is good and sufficient cause which prevented the applicant from filing the connected ap peal on time. Accordingly, the said delay is hereby condoned.

I.A. stands disposed of.

Office shall now register the appeal and list the matter in admission column by showing the names of Ms. S. Khaund as the learned counsel for the respondent No. 1 in the cause-list while listing the matter. However, extra copy of the memo a ppeal may be furnished to her within a period of 3 days.