1. This is a petition under Article 227 of the Constitution of India, against the order of the Commissioner under Workmen s Compensation Act, dated 14th September, 1979.

2. One Shri Ram Chander, workman, resident of Sohna, Dist. Gurgaon, died in an accident on 6th January, 1976. His widow, Shrimati Nirmala Devi, respondent, filed an application under the Workmen s Compensation Act, 1923, on 13th November, 1978, claiming death compensation of her husband. Along with that application, an application for condonation of delay under Section 5 of the Indian Limitation Act, was also filed. In the written statement filed on behalf of the employer, an objection was taken that the application was not maintainable, as the widow has already received Rs. 10,000/- under the Motor Vehicles Act, 1939 , as she had applied for compensation along with the parents of her deceased husband in the Court of the Motor Accident Claims Tribunal, Gurgaon, and she was awarded Rs. 10,000/-. It was also stressed that the application is time-barred and also barred under Sec. 110-AA of the Motor Vehicles Act, 1939 .

On the pleadings of the parties the learned Commissioner framed the following issues :-

1.