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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SACHIN SINGH RAJPUT
Ashok Kumar Agrawal S/o Late Govind Ram – Appellant
Versus
Badka Dai Bairagi W/o Late Ghasidas Bairagi – Respondent
| Table of Content |
|---|
| 1. petitioner's claims related to compensation and petition background. (Para 2 , 3) |
| 2. respondent's challenge to petitioner's claims and requests. (Para 4 , 6 , 10) |
| 3. court's examination of evidence and procedural fairness. (Para 7 , 8 , 9) |
| 4. principles regarding condonation of delay established. (Para 11 , 12 , 13 , 14 , 15) |
| 5. court's final order and directions for case proceedings. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
ORDER :
1. Heard.
2. This writ petition has been filed by the petitioner assailing the order dated 30.09.2019 passed by the learned Commissioner For Employees Compensation, Labour Court Raigarh (C.G.) (for short ‘Commissioner’) in Case No.16/E.C. Act/2016 (Miscellaneous), whereby an application under Order 9 Rule 13 of the Civil Procedure Code, 1908 (for short ‘CPC’) filed by the petitioner for setting aside an ex parte award dated 23.11.2012 in Case No.27/W.C. Act/2006 was rejected.
3. Learned counsel for the petitioner submits that the respondent No.1 filed an application under Section 10 of the Workmen Compensation Act, 1923 (for short ‘the Act of 1923’) seeking compensation on account of death of the deceased Thaneshwar Das Bairagi in an accident
The court affirmed the necessity for proper service of notice in legal proceedings and emphasized a liberal approach to delay in applications, prioritizing substantial justice.
Inordinate unexplained delay of 20 years bars condonation; doctrine of laches prevents revival of stale claims.
Proper service of notice under Order 5, Rule 17 CPC is essential before proceeding ex parte, ensuring the right to a fair hearing is upheld.
The court emphasized that government departments must adhere to limitation periods and cannot claim undue advantages due to bureaucratic delays, reinforcing the principle of diligence in legal procee....
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