- (1.) Apart from other defects noted in the memo of appeal, the Additional Stamp Reporter reported that the appeal has been preferred beyond time by 79 days.
(2.) On notice having been served upon the parties to put in their appearance, we have firstly taken up the condonation of delay application being CAN 4347 of 2016. Heard learned Counsel for the appellant none for the respondents. Perused the rewards.
(3.) The reasons of delay which are stated in the condonation are averred in para 7(a) to (o) of the delay application. However, reliance has been placed by the counsel for the appellant upon Para 7 (f) to (o) of the said application which are as follows: "f) On 2nd February, 2016 the concerned officer went to Calcutta in connection with other court cases pending before the Hon'ble High Court at Calcutta and in between 4th February, 2016 to 16th February, 2016 he was very often went to Calcutta in connection with the different court cases pending before the Hon'ble High Court at Calcutta and consequently he was unable to take any step in regard to the instant matter. g) From time to time the concerned officer tried to contact their learned advocate-on-record in the court below and the learned advocate handed over the court papers to the concerned officer connecting to the above case on 15th March, 2016. h) After arranging all the papers the concerned officer on 18th March, 2016 placed the entire papers before the agent for necessary instruction and the agent after considering the said papers on 24th March, 2016 instructed the concerned officer to take steps to prefer an appeal and also advised the concerned officer to obtain necessary approval from the headquarters before taking steps against the said award. Be it mentioned here that due to the preoccupation in other jobs in connection with mines the Agent could not take steps in regard to the appeal at an early date. i) The concerned officer in course of arranging all the papers before sending to the headquarters he found certain papers such as evidence of the parties adduced before the learned Commissioner for Workmen's Compensation court was not forwarded by the learned advocate on record in the court below and as such he tried to contact him on 26th March, 2016 for collection of the said papers but he was unable to contact the said learned advocate. Subsequently, on 31st March, 2016 the concerned officer was able to collect the necessary papers from the learned advocate on record in the court below. j) The concerned officer after preparation of the notes relating to the case and also arranging all the papers on 6th April, 2016 forwarded the same to the headquarters for necessary instruction. k) The concerned officer on 12th April, 2016 received the instruction from the headquarters whereby they instructed the concerned officer to take steps to prefer an appeal. l) Accordingly, on 18th April, 2016 the concerned officer contacted their learned advocate in the Hon'ble High Court at Calcutta and instructed him to take steps to prefer an appeal. m) The said learned advocate in the Hon'ble High Court at Calcutta fixed a conference on 24th April, 2016 and in course of conference the learned advocate in the Hon'ble High Court at Calcutta made it clear that the appeal has already been time barred. n) Thereafter, on 25th April, 2016 the concerned officer referred the matter to the headquarters for necessary instruction and the headquarters instructed the concerned officer to prefer an appeal with an application for condonation of delay and such instruction was forwarded to the learned advocate in the Hon'ble High Court at Calcutta on 26th April, 2016. o) The learned advocate in the Hon'ble High Court at Calcutta of your petitioner prepared a memorandum of appeal, stay petition and connecting application for condonation of delay and the same were handed over to the concerned officer for their approval and the concerned officer handed over on the following day i.e., on 27th April, 2016 all the drafts with the approval.";