N.N.MITTAL, J. - (1.) THIS is an application under Section 5 of the Limitation Act for condoning the delay in filing the First Appeal from Order directed against an order, dated 4-7-1981, passed by the Commissioner under the Workmen's Compensation Act (hereinafter referred to as 'the Act').
(2.) THE appeal was filed on 4-2-1982 and the office reported that there was a delay of 155 days. The applicant subsequently filed an application under Section 5 of the Limitation Act for condoning the delay in filing the appeal and further prayed for time to file certificate of payment as required under the provisions of Section 30 of the Act. The relevant facts are that the opposite party, who was an employee in the appellant's concern, met with an accident on 13-12-1980 and was injured. After serving requisite notice on 17-2-1981 a claim was filed for compensation before the Commissioner under the Act on 24-2-1981. It is alleged that the applicant had no notice of that and the opposite party obtained an ex-parte order in his favour on 4-7-1981. For the first time the applicant had knowledge of the order on 7-12-1981 when in pursuance of the order of the Commissioner, the order was put into execution by the Collector and an Amin was sent to attach the property. Immediately copies were applied for and delivered to the applicant on 10-12-1981. An Application, addressed to Sri K.K. Pandey, Additional Labour Commissioner, Kanpur Zone, Kanpur was then moved. This application was dismissed by an order dated 10-12-1981 on the ground that no action could be taken at his level as the matter already stands decided by a competent authority.
(3.) ANOTHER effort appears to have been made on 21-12-1981 but the same was rejected on 28-12-1981 by one Sri Prem Sagar who was Commissioner under the Act. Ostensibly, reasons for doing so appear to be that the application was time barred and that a similar application had already been rejected by the Additional Labour Commissioner and also that a recovery order had already been issued. Subsequently, an application was moved before the Labour Commissioner but when no orders on the same were passed for a long time the counsel at Allahabad was contacted on 2nd February, 1982 who advised that money should first be deposited. Money was, therefore, deposited and a bank-draft was obtained on 6-2-1982 but as no one was available in the office to receive it, ultimately, the same was sent by registered post on 8-2-1982. The application for condonation of delay was, thereafter, moved on 9-2-1982.;