JUDGMENT :

This civil miscellaneous appeal is filed against the order dated 30.04.2019 in WC Case No.1 of 2017 on the file of the Commissioner for Workmen’s Compensation and Joint Commissioner of Labour, Visakhapatnam.

2. I.A.No.1 of 2022 is filed to condone the delay of 1013 days in filing the CMA.

3. Wife of deceased, filed WC Case No.1 of 2017 against the respondent/opposite party claiming compensation of Rs.6,65,160/-. According to the applicant, deceased who is employee of respondent met with an accident while on duty on 02.09.2010 and later died on 08.04.2011. Respondent contested the case. After considering the rival contentions, lower tribunal by order dated 30.04.2019 granted compensation of Rs.6,52,280/-.

4. Against the said order, the above civil miscellaneous appeal is filed under Section 30 of Workmen’s Compensation Act with a delay of 1013 days. In the affidavit filed in support of the petition to condone delay, it was pleaded at Paragraphs-2 to 4 as follows:

“2. It is submitted that against the order dated 30.04.2019 passed in W.C.No.1of 2017 on the file of the Hon’ble Commissioner for Workmen’s Compensation and Joint Commissioner of Labour, Visakhapatnam as CMA was filed vide CMA SR No.6349 of 2020 on 20.02.2020. The Online High Court Case Status is showing that the case is returned. It is respectfully submitted that due to Covid pandemic we were unable to take the return file. Thereafter we were unable to trace the file. As such this CMA is filed. Due to this there is a delay in filing the CMA again this delay is not wanton or intentional.

3. I respectfully submit that during January & February 2020 lot of employees took VRS within the department, due to which delay occurred in filing the petition. The delay caused is neither willful nor intentional due to the above mentioned reasons.

4. I submit that I am filing the above C.M.A against the order dated 30.04.2019 passed in W.C.No.1of 2017 on the file of the Hon’ble Commissioner for Workmen’s Compensation and Joint Commissioner of Labour, Visakhapatnam for the reasons stated above.”

5. Since the appeal is filed with an inordinate delay, this Court ordered notices to respondent.

6. Respondent filed counter and opposed the application.

7. Heard Sri Bhaskar Poluri, learned counsel for appellant and Sri A.Sudhakar Rao, learned counsel for respondent.

8. Deponent to the affidavit is the Assistant General Manager (PR & Legal), Office of General Manager, BSNL, Visakhapatnam. Name of the deponent and other particulars were not mentioned in the affidavit. However, the affidavit was signed by the deponent and the same was attested by Dy.General Manager (CFA) O/o GMTD, B.S.N.L., Visakhapatnam.

9. Order XIX of Code of Civil Procedure deals with affidavit. Like that Chapter-IV of A.P. Civil Rules of Practice and Circular Orders, 1980 also deals with affidavits. Rule 35 denotes ‘Form’; Rule 36 denotes ‘Description of deponent’ and Rule 37 denotes ‘title of affidavits’. Regarding attestation etc. was also specified in the other Rules.

10. The affidavit filed along with the I.A.No.1 of 2022 is reproduced hereunder:

“I, now temporarily come down to AMARAVATHI, do hereby solemnly and sincerely affirm and state as follows:”

11. An affidavit is a written statement voluntarily made by deponent under oath or affirmation which is administered by a person who is authorized to do so by law.

12. Sworn affidavit is a written statement made under oath. The person who is making the statement sworn that the document contains the truth and is aware that he will be prosecuted if it is found that the contents of the affidavit (or parts thereof) are untrue.

13. Affidavits should be drawn in the first person, and the matter of the affidavit should be divided into paragraphs which are numbered consecutively. Each of the paragraphs in an affidavit should ideally be confined to a portion of the subject. Affidavits should mention the full name, fathers name, religious persuasion, age, profession, occupation and re