1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4282/2008 WCL Nagpur and ors...vs..Smt. Jamilnusha @Jamila wd/o Abdul Razzaq. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. CORAM : B. P. DHARMADHIKARI, J. Dated : 10th December, 2008. Heard Shri Kumar, learned counsel for petitioner and Shri Naukarkar, learned counsel for the respondent. The contention of the petitioner is that there is absolutely no justification for condonation of delay. Attention is invited to the application moved, as also, the cross examination of the applicant-lady for that purpose. Advocate Naukarkar states that the Court below has rightly appreciated the controversies. The lady has stated that her husband died while in employment with WCL and when she had been to Labour Court along with her neighbour, she happened to meet Advocate, who after going through the papers, advised her to approach the Commissioner under the Workmen's Compensation. Thereafter, the proceedings have been filed. Her cross examination only shows that whatever was suggested to her, she accepted. The cross examination does not 2 show that the lady is illiterate and understood the consequence of answers which she was giving. The learned counsel for the petitioner has pointed out that after the death of her husband, all retiral/terminal benefits including gratuity have been paid and in certain cases, an additional amount of Rs.3,000/- per month is given to the widow, till she attain certain age. The said benefit is also giving to the respondent. I do not find this issue pertained to merits of the controversies. The Labour Court has correctly found that the delay deserved to be condoned. I am not inclined to interfere in the impugned order, in writ jurisdiction. The writ petition is, therefore, disposed of. All defence pertains to the merits of the matter are left open and can be considered by the Commissioner while adjudicating the case. JUDGE Andurkar.