JUDGMENT :

A.S. Supehia, J.

1. In the present writ petition, the petitioner has challenged the order dated 07.07.2018 passed below Exhibits 10 and 12 in Workman Compensation Application No. 2/2017, wherein and whereby the application filed for condonation of delay and application for joining legal heirs in the compensation proceedings have been allowed.

2. Learned advocate Mr. Hitendra D. Rajput appearing for the petitioner has submitted that the impugned order passed by the Commissioner of Workman Compensation allowing the applications is illegal since such application is filed by the elder brother of the deceased employee after his father, who filed the original application seeking compensation, passed away. He has submitted that the respondent is the elder brother, who being a major, cannot be allowed to be brought on record in the compensation proceedings for claiming compensation under the Employee's Compensation Act, 1923 (for short "the Act") since the elder brother, who is not dependent and major, has been excluded from the definition of "dependent" as stipulated in Section 2(d) of the Act. In support of his submissions, he has placed reliance on the judgment of the Full Bench