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.

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 30^th 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 30^th June, 2022, learned counsel for Board had applied for certified copy vide application dated 27^th July, 2022. Certified copy was attested on 30^th July, 2022. As no probable date of delivery was given, the copy was received/delivered on 5^th 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 31^st 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 appeal was preferred thereafter.

3. During pendency of application, it was found that respondent No.5 had expired on 23^rd September, 2020. Thereafter, she was substituted through her legal heirs as respondents No.5(a) to 5(g) vide order dated 23^rd July, 2024.

4. On 16^th October, 2024, for request made on behalf of applicant/Board, time was granted by Court to file supplementary affidavit explaining the delay as occurred in filing the appeal.

5. Thereafter, supplementary affidavit was filed on 5^th December, 2024 stating therein as under:-

“4. That it is the humble and respectful submissions of the applicants that the Ld. Employee Commissioner below passed the judgment in the present case on 30-06-2022 and the Ld. Counsel of the applicant had filed an application for obtaining the certified copy of judgment and order dated 30-06-2022 on 27-07-2022. The copy of the judgment was prepared and attested by the Superintendent of Senior Civil Judge Court No.1 Sarkaghat District Mandi HP on 30.07.2022. The copy of the judgment and order dated 30-06-2022 was received by the Ld. Counsel of the applicants on 05-09-2022 since as per the information supplied by the Ld. Counsel no tentative date of delivery of the certified copy of the judgment and order was given. The Ld. Standing Counsel has never brought the factum of passing the impugned judgment and order dated 30-06-2022 in the knowledge of the Board' authorities prior to 07-09-2022.

5. That the copy of the judgment and order in question was supplied by the Ld. Counsel of the Board which was received on 07-09-2022 by the Senior Executive Engineer, Electrical Division, HPSEB Ltd. Dharampur District Mandi HP and was marked to the Superintendent to put up the case forthwith. The Senior Executive Engineer, Electrical Division, HPSEB Ltd. Dharampur examined the matter and vide letter dated 14-09-2022 the same was sent to the Deputy Director, (Pers.) HPSEB Ltd. Vidyut Bhawan Shimla HP for further guidelines.

6. The case file was received in the office of the Deputy Director (Pers.), HPSEB Ltd. Vidyut Bhawan Shimla HP on 16-09-2022. After the receipt of the case file, the same was sent to the Legal Cell of the Board for seeking legal opinion. The case file was received by the Legal Cell of the Board on 17-09-2022. Since the Court case file being maintained in the Legal Cell was not traceable and it was requested to trace the case file and put up immediately. The case file was traced on 19.09.2022 and the same was put up for examination to the Law Officer. The Law Officer posted in the Legal Cell examined the case file on 20.09.2022 and the case file was put up to the Deputy Secretary (Law) on the same day. The Deputy Secretary (Law) has examined the case file and the same was submitted to the competent authority of the Boa