- (1.) Despite time being granted no objections have been filed to the application filed under Section 5 of the Limitation Act. Delay of 419 days in filing the present appeal has been explained to the satisfaction of the Court. Delay is condoned. Appeal is treated to be within time. Office to allot regular number of the appeal. Counsel for the parties agreed that the present appeal may be disposed of at this stage itself, specifically in view of the order proposed to be passed today by the Court. As also in view of the fact that the appeal is to be decided on a pure legal issue.
(2.) Facts in short leading to the appeal are as follows: - Ajay Singh the appellant before us claims that he was employed as press operator with M/s Paradise Packers, Baba Laldas Road, Gandhi Colony, Saharanpur, for last more than five years, prior to the alleged accident. It was his case that on 10.06.2009 during the course of his employment, when he was cleaning the press machine in the factory premises of the respondent employer, one co -worker namely Sunil Kumar pressed the on button of the machine, as a result whereof his thumb was cut and his left hand figures were broken. The appellant after medical treatment requested the employer for payment of compensation and on failure to receive the same he instated Workman Compensation Act Case No. 5 of 2010 claiming a compensation of Rs.5,37,600/ - alongwith interest.
(3.) The claim was contested by the owner of the factory and among other it was submitted that Ajay Singh was not in their employment. Evidences was lead by the parties in support of their respective cases. The Workman Compensation Commissioner, cum Deputy Labour Commissioner, Saharanpur, vide award dated 23.03.2012, held that the claimant was in employment of the respondent and that he had suffered injuries during the course of employment, for which he was entitled to a compensation of Rs.4,07,836/ -. This award was made on 19.05.2012 and was also published.;