I.M. Quddusi, J

1. Heard on I.A. No.01 & 02, applications for condonation of delay in filing the appeal.

2. On due consideration of the grounds mentioned in the applications, we are satisfied that the appellants have succeeded in explaining the cause of delay in filing the appeal. Therefore, the applications (I.A. No.1 & 02) are allowed and the delay caused in filing the appeal is hereby condoned.

3. The appeal is admitted on the following substantial question of law:-

"Whether it was open for the claimants to approach the Commissioner under the Workmen's Compensation Act by filing a Claim Petition in a case where the deceased was employed in the Clerical capacity?"

4. This appeal has been filed by the appellants under Section 30 of the Workmen's Compensation Act, 1923 (amended as the Employees' Compensation Act, 1923) against the award dated 25-02-2010 passed by the Commissioner for Workmen's Compensation-cum-Labour Court, Korba (for short 'the Commissioner') in Case No.66/WC Act/2008/Fatal, whereby the claim petition of the appellants/claimants has been dismissed.

5. Brief facts of the case, as per version of the claimants, are that deceased Sanjeev Kumar Dixit was in the employme