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2023 Supreme(Del) 2763

MANOJ KUMAR OHRI
Jitender Paliwal – Appellant
Versus
Ajay Maurya – Respondent


Advocates appeared:
Mr. Rajat Wadhwa, Mr. Aditya Varun, Mr. Lakshay Luthra, Mr. Vasu Kalra and Ms. Dhreti Bhatia, Advocates, for the Appellant.
Mr. Hari Kishan and Ms. Navita Gupta, Advocates along with respondent in person.

JUDGMENT

Manoj Kumar Ohri, J.

1. By way of the present appeal filed under Section 30(1)(a) of the Employees' Compensation Act, 1923 (hereinafter, the `EC Act'), the appellants seek setting aside of order dated 29.06.2017 passed by learned Commissioner, Employees' Compensation in Claim No.WC/219/NW/2015/106, whereby the respondent's claim petition seeking injury compensation was allowed and the appellants directed to pay Rs.10,69,008/- alongwith interest @ 12% p.a. from 28.12.2012 till realization within 30 days of receipt of the order.

2. Mr. Rajat Wadhwa, learned counsel for the appellants, contended that the claim petition was filed by the respondent after three years of the incident and the learned Commissioner erred in condoning the delay of 11 months in filing thereof in absence of any sufficient explanation. He further contended that the respondent failed to establish employee-employer relationship between himself and the appellants. Lastly, while drawing attention to Schedule-2 clause (xxxi) of the EC Act, it was contended that since the respondent suffered the alleged accident while working outside a `building', he is not covered by the definition of `employee' in terms of

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