J AND K STATE FOREST CORPORATION Vs. RABAIL SINGH
LAWS(J&K)-1993-2-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 10,1993

J AND K STATE FOREST CORPORATION Appellant
VERSUS
RABAIL SINGH Respondents

JUDGEMENT

- (1.)THIS is an application for condonation of delay for filing C. I. M. A. No. 27 of 1992 against the judgment and award dated December 30, 1991, passed by the Commissioner under the Workmen's Compensation Act, 1923.
(2.)IN the application for condonation of delay, it is averred by the appellants that an earlier appeal against the same award was filed by the appellants before this court, but the same was dismissed on February 26, 1992, for the reason that the memorandum of appeal was not accompanied by a certificate of the Commissioner to the effect that the amount of the award has been deposited before the Commissioner. It is further contended that the information about the dismissal of the appeal was conveyed to the appellants on February 28, 1992 and on the next date the awarded amount was deposited before the Commissioner The appeal was ultimately filed on March 4, 1992 along with the application for condonation of delay.
(3.)IN support of the application, Mr. Malik, learned counsel appearing for the appellants, has contended that the dismissal of the earlier appeal by this court on February 26, 1992 because of the appellants' failure in not having deposited the awarded amount before the Commissioner was only technical in nature and this dismissal did not prevent the appellants from filing a fresh appeal against the same award, after having deposited the amount before the Commissioner. On this basis, the appellants seek the condonation of delay in filing the present appeal.


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