S. N. Pathak, J. - (1.) Heard the parties.
(2.) This appeal has been preferred against the judgment and award dated 18.02.2015, passed by learned Labour Court, Dhanbad in W.C. Case No. 119 of 2011.
(3.) The case of the applicant before the Court below was that the Applicant/ Appellant, Lebu Mahato was a contract worker engaged by the Contractor, Balakant Mishra (opposite party No. 1/ respondent No. 1). He was working at Munidih Project, one of the Coal Unit of M/s. Bharat Coking Coal Ltd. (for short "M/s. BCCL"), opposite party No. 2/ respondent No. 2. On 14.09.1992, the applicant was on duty and working under the Mine when he met with an accident, due to which personal injuries were caused to him resulting in amputation of his right leg. At the time of accident, he was aged about 22 years and was earning a monthly salary of Rs.8000/-. After such incident, the applicant filed W.C. Case No. 119 of 2011 before the learned Presiding Officer, Labour Court, Dhanbad for payment of compensation. On receipt of notice, opposite parties appeared before the Court and filed their respective written statements. Thereafter, evidences were led and the parties were heard. It was the specific case of the appellant before the learned Tribunal that inflicted personal injuries to employee/ applicant was due to accident occurred on 14.09.1992, while he was on duty and as such, the accident took place arising out of and in the course of his employment. Due to the said injuries, right leg was amputated and physical handicapped certificate (Ext. A-2) was issued by the Medical Board constituted by the Civil Surgeon-cumChief Medical Officer, Dhanbad, which reveals 70% disablement of the appellant. Though the accident and injuries were admitted by the opposite parties and the applicant/ claimant was running from pillar to post to get compensation but it was only on assurance, the case was dragged for a decade and lastly, not a single farthing was paid to the applicant. Learned counsel for the opposite party No. 1- Contractor, opposed the claim of the appellant on the ground of delay and it was argued that accident took place on 14.09.1992 and after 16 years of the occurrence, the claim case has been preferred in the Court below. It is a case of inordinate delay without sufficient cause explained. The applicant never approached before opposite party No. 1 for payment of compensation amount. Further neither any chit of paper has been brought on record to show that the applicant was ever permitted to work under BCCL Management nor any medical prescription or medical report or any clinical report or bill and voucher of medicines, etc. have been filed by the applicant. Even, alleged handicapped certificate was issued on 17.01.2002 i.e. after 10 years of the accident. No evidence had been brought on record regarding disability certificate and as such, the applicant/ claimant entitled for any compensation. The opposite party No. 2, Management was in full agreement with the arguments advanced by the learned counsel for the opposite party No. 1 and argues that it is a case of inordinate delay and as such, the applicant cannot be permitted to raise the said plea after a long delay. The claim case has been filed after 16 years, which itself is a ground for rejecting the claim for payment of compensation other than on merits. After hearing the parties, going through the evidence and documents brought on record, the learned Court below formulated the following three issues for proper adjudication of the case:- I) Whether disability caused to the applicant was due to injury caused by an accident arising out of and in the course of his employment? II) Whether the instant claim case is barred by period of limitation and for lack of service of notice as prescribed under Section 10 of the Act. III) Whether the applicant is entitled to get compensation under the Act? If yes, what will be the reasonable amount of compensation and who among the OP's is liable to pay?;