( 1 ) THIS appeal is presented by the workman covered under Employees' state Insurance Act to challenge the order dated 7. 10. 1997 in E. S. I. Application No. 66 of 1995 passed by the E. I. Court. In passing the said order, the E. I. Court had rejected the application of the appellant herein on the ground that there was delay of a day in presenting the application.

( 2 ) THE appellant herein is represented by Mrs. H. Mangalamba Rao, whereas the contesting respondent No. 2, E. S. I. Corporation is represented by Mr. V. Narasimha.

( 3 ) THE learned counsel for the appellant had taken me through the impugned order. According to her, the E. I. Court had erred in law, inasmuch as it had held erroneously that the application in question was not presented within 3 months from the date of communication of the order, for according to her, admittedly, the communication by the Medical Board was on 19. 9. 95 and as such, a period of 3 months came to an end on 19. 12. 1995. Therefore, she submitted that the application presented by the appellant on 19. 12. 1995 was well in time and as such, the E. I. Court would not have rejected the application of the appellant on the point of delay