PRINCIPAL SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF SIKKIM GANGTOK Vs. NARMAYA DAS

JUDGEMENT

(1.) This is an application filed by the Principal Secretary, Transport Department, Government of Sikkim, Gangtok, the petitioner department, under section 5 of the Limitation Act, 1963 for condonation of delay of 853 days in filing the present appeal against the respondent.

(2.) The appeal is directed against the impugned award/order dated 23.8.2002 passed by the learned Commissioner for Workmen's Compensation, Sikkim at Gangtok in Misc. Case No. 5 of 2002 in the matter of Narmaya Das, m/o late Kamal Mani Das v. Secretary, Transport Department, Government of Sikkim, Gangtok, granting death compensation amounting to Rs.4,19,850 to the legal heirs of the deceased late Kamal Mani Das. As per the facts of the case set out in the memo of appeal the deceased late Kamal Mani Das was a member of the Sikkim State Mechanical Engineering Service holding the post of Assistant Engineer (Mechanical) in the junior grade scale of Rs. 1,820-60- 2,600-EB-75-3,200 at the time of his death in a fatal vehicular accident that occurred on 20.1.2001 at a place called Lower Martam while returning after completion of his official work for the day. On his death his mother Narmaya Das filed the application dated 29.8.2001 before the learned Commissioner for Workmen's Compensation, Sikkim at Gangtok claiming payment of workmen's compensation. On this application the Commissioner granted death compensation amounting to Rs.4,19,850 to the legal heirs of the deceased. It is against this order/award that the petitioner department has come up with the present appeal and has filed the present application for condonation of delay in filing the appeal beyond the period of limitation prescribed under the provisions of Workmen's Compensation Act, 1923. It is stated that in pursuance of the impugned award the amount of the death compensation awarded by the learned Commissioner has been deposited in the office of the Commissioner for Workmen's Compensation, Department of Labour, Government of Sikkim, Gangtok in terms of sub-section (2) of section 8 of Workmen's Compensation Act on 5.1.2005.

(3.) In the application for condonation of delay it has been stated that no formal notice was issued to the petitioner department by the Commissioner in the case registered under Workmen's Compensation Act and as such no opportunity was given to the petitioner department of presenting their case before the Commissioner. All that the petitioner department received was a letter dated 25.5.2002 from the Labour Department seeking information regarding the exact date of birth of the deceased in his service book and enquiring as to whether they had any objection to the grant of death compensation in favour of the dependants of late Kamal Mani Das. The said letter did not mention anything about the registration of Misc. Case No. 5 of 2002 nor any copy of claim application filed by the mother of the deceased was annexed. In view of this it is contended that the Under Secretary of the petitioner department was under the wrong impression that no-objection certificate was sought from the administrative department only for the purpose of ascertaining as to whether any dues were outstanding against the deceased late Kamal Mani Das and accordingly after verifying from the Accounts Section and on finding that no dues were outstanding against the deceased the said officer issued the no-objection certificate. While issuing the no-objection certificate, the said Under Secretary was also under the impression that the death compensation was to be paid by the Labour Department and the no-objection certificate was required only to confirm as to whether there were any dues outstanding in the name of the deceased and being under such impression issued the no-objection certificate without obtaining the approval of the competent authority. It is further stated that on receipt of the letter dated 24.8.2002 directing the petitioner department to release the payment of death compensation awarded to the legal heirs of the deceased Kamal Mani Das, the department processed the file in the department and ultimately it was referred to the Law Department for opinion on 3.12.2003. The Law Department returned the file on 26.6.2004 placing on the file a copy of the impugned order dated 23.8.2002 under which death compensation was awarded to the legal heirs of the deceased and the petitioner department was made liable. It is the case of the petitioner department that the department came to know about the impugned order for the first time on receipt of the copy of the impugned award along with the file from the Law Department on 26.6.2004. On receipt of this impugned order along with the file, the Office Superintendent of the department had put up the file on 2.7.2004 for releasing the amount of compensation or for filing an appeal in the matter. In the process the matter was ultimately referred to the learned Advocate General on 5.7.2004 and on 26.8.2004 for opinion and advice. Thereafter a decision to file an appeal against the impugned order was taken by the department and accordingly the present appeal has been filed.