Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
Secretary HPSEBL – Appellant
Versus
Kaushalya Devi – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
1. This application has been filed by applicants/appellants H.P. State Electricity Board Limited (in short ‘the Board”) for condonation of delay of 124 days in filing appeal against Award dated 30th June, 2022 passed by the Commissioner, Employees Compensation, under Workmen/Employees Compensation Act, 1923.
2. In the application, it was submitted that after passing of Award dated 30th June, 2022, learned counsel for Board had applied for certified copy vide application dated 27th July, 2022. Certified copy was attested on 30th July, 2022. As no probable date of delivery was given, the copy was received/delivered on 5th September, 2022. It was further stated in application that applicants-Board was under bonafide belief that limitation of 60 days for filing the appeal will start from the date of delivery of copy, whereas limitation expired on 31st August, 2022. It was further stated in application that applicant-Board is a Company wherein decision is to be taken at various levels and after doing the said exercise, letter was written by the Joint Secretary (Law) to Senior Executive Engineer directing him to take action to assail the impugned Award and
The court emphasized that condonation of delay is a discretionary power, requiring a sufficient explanation rather than mere excuses, and found the reasons for delay in this case satisfactory.
The importance of explaining each day's delay in seeking condonation, the generation of vested rights by time-barred appeals, and the need to advance substantial justice.
Liberal and pragmatic approach in considering applications for condonation of delay, especially in cases related to social welfare legislation.
Merely because the applicant seeking condonation of delay is the Government, no exception can be made.
An application for condonation of delay must demonstrate plausible reasons; mere bureaucratic delays do not justify extending time limits for appeals.
Point of law: claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. T....
Point of Law : LPA is 916 days and as such the consideration to condone can be made only if there is reasonable explanation and the condonation cannot be merely because the appellant is public body. ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
