JUDGMENT

Manoj Kumar Ohri, J. (Oral)

CM APPL. 45985/2016 (delay)

1. By way of the present application filed under Section 151 CPC, the appellant seeks condonation of delay of 5 days in re-filing the appeal.

2. For the reasons stated in the application, the same is allowed and the delay of 5 days in re-filing the appeal is condoned.

3. The application stands disposed of.

FAO 578/2016 and CM APPL. 45983/2016 (stay)

4. By way of the present appeal filed under Section 30 of the Employee's Compensation Act, 1923 (hereinafter, referred to as the `EC Act'), the appellant (alleged employer) has assailed order dated 12.09.2016/14.09.2016 passed by the learned Commissioner, Employees' Compensation in Case No.WCA/CD/7/12/1839, vide which the claim application filed by the respondent/claimant seeking injury compensation was allowed.

5. Learned counsel for the appellant submits that the learned Commissioner erred in allowing the claim of the respondent, as though the respondent had averred himself to be an employee of the appellant, the claim was denied by the appellant and the respondent failed to place on record any document in support of his averment.

6. On a perusal of the appeal paper b