Bhaskar Bhattacharya, J. - (1.) This matter has been assigned to by the Hon'ble Chief Justice in view of difference of opinion between the two learned Judges of a Division Bench while deciding a first miscellaneous appeal preferred against an order passed by the learned Commissioner of Workmen's Compensation, West Bengal, in Claim Case No. 3534 of 1996 by which the said Commissioner rejected the claim of the widow of the deceased employee on the ground that claim was barred by limitation and that no sufficient ground was made out for condonation of delay although on merit of the claim, the learned Commissioner held in favour of the applicant.
(2.) The appellant before this Court as a widow of one Haroon Khan, an employee of the respondent, claimed compensation alleging that in course of employment her husband received personal injury due to accident on 27th February, 1993 which resulted in his death on 2nd March, 1993. As the claim was lodged in the month of September, 1996, more than two years from the date of death, a prayer for condonation of delay was made in the claim application. The reason of delay shown was that immediately after the death of the employee, the appellant as well as the employee's union made various representations to the employer and the employer also assured that they would deposit the compensation before the Court and went on postponing the dates but ultimately, refused to pay any compensation in the 3rd week of September, 1996. Hence, the delay.
(3.) The claim was contested by the employer by filing written statement thereby alleging that the husband of the claimant died a natural death and that there was no accident and as such, the claim of the applicant was unfounded. As regards the prayer for condonation of delay made in the application for compensation, the employer in paragraph 2 of the written statement simply stated that the ground shown in the claim petition was not sufficient for condonation of delay and as such, the application was liable to be dismissed on the ground of limitation alone.;