1. This matter is referred to me by the Hon'ble Chief Justice because of the difference of opinion between the two Hon'ble Judges constituting the Division Bench on the factual matrix whether the facts and circumstances narrated in the application under S.5 of the Limitation Act constitute sufficient cause for condonation of delay.

2. The instant appeal, i.e., FMA No. 4481 of 2016 is filed by the applicant / petitioner challenging the judgment and order / award dated 8.12.2015 passed by the Commissioner, Workmen's Compensation, Durgapur, in Claim Case No. 36 of 2006 after a delay of 141 days.

3. Shorn of unnecessary details, the salient facts emerging from the instant case are adumbrated as under:

One Bijoy Kumar Chatterjee was an employee of the appellant company as explosive carrier and breathed his last on 15.11.1997 being murdered by miscreants and his body was found within the premises of the colliery. A criminal case was registered under S.302 of the Indian Penal Code .

4. The said employee was drawing the monthly wages at Rs. 2,000 and was aged about 46 years.

5. The widow of the deceased employee, who is the respondent in the instant appeal, filed an appeal on 25.9.2006 claim