Sr. No.J3

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

Pronounced on: 23 .03.2021

CONC No. 133/2016

IA No. 01/2016

Divisional Manager, JKSFC Doda

…Applicant/Appellant(s)

Through:- Mr. Vipin Gandotra, Advocate

v/s

Mohd. Amin

…. Non-applicant/Respondent(s)

Through:- Mr. M. P. Gupta, Advocate

Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

ORDER

1.

This order shall dispose of the application seeking condonation of

delay of 92 days in filling an appeal against the award dated 15.06.2016,

passed

by

Assistant

Labour

Commissioner,

Doda

(for

brevity

>Commissioner?), in File No. 91-I, filed under Section 3 of the Employees

Compensation Act, 1923 (for brevity the >Act?)

2.

The background facts those emerge from case in hand are that a claim

petition came to be filed by the non-applicant/respondent herein who is

alleged to have received injuries arising out of and in the course of

employment with the applicant herein while working as a labourer on

19.03.2006.

2 Conc 133/2016

3.

The claim petition is stated to have been objected by the

applicant herein before Commissioner on the ground that the respondent

herein is not entitled to any compensation while denying the accident and

liability to pay compensation. The Commissioner is stated to have passed the

award dated 25.02.2017 amounting to Rs. 1,62,745/- in favour of the

respondent along with an interest @ 12% per annum under Section 4 of the

Employees Compensation Act, 1923.

4.

The aforesaid award (supra) is questioned in the appeal

accompanying the instant application.

5.

The applicant in the instant application has spelt and detailed out

the cause and reason for not filing the appeal well within prescribed time limit

and have offered an explanation thereof. The application in extenso is

extracted and reproduced hereunder:-

<1.

That after the passing of the award, the awarded

amount could not be deposited before the Assistant

labour Commission for the purpose of filing the

appeal which is he requirement under the

Employees Compensation Act due to financial

crunch in the J&K State Forest Corporation due to

non sale of timber in Kashmir in view of prevailing

situation since June 2016. It is also needs to make

that even the employees of the corporation have

suffered badly because of the non-payment of

salaries.

3.

That be that as it may, the amount could be

deposited on 12.11.2016, and immediately the

present appeal is being filed.

3 Conc 133/2016

5.

That there exists good and sufficient cause for

condoning the delay for the purpose of filing the

appeal.=

6.

The affidavit supporting the said application being relevant and

germane is also extracted and reproduced hereunder:-

<I, Parvez Malik Age 51years Divisional manager, J&K

State Forest Corporation Ext. Division Bhaderwah do

hereby solemnly, affirm and declare on oath as under

1. That the deponent is well conversant with the facts

and circumstances of the case and is competent to

swear this affidavit.

2. That the accompanying petition has been drawn and

drafted by my counsel on my instructions.

3. That the facts stated in the accompanying petition are

true and correct on the basis of information

received/record.=

Heard learned counsel for the parties and perused th