1^1,1^3 ^> 4;y IN TFIE HIGH COURT OF CHHATTISGARH AT BILASPPUR [C.G.] MiscAppeai No. ; / --»7 /2007 ®®IiC^ 11 Khusbunnisha w/o late Md.Manjoor Aalam Aged- 30 years, Ku.Tammana, Aged about -6 years APPELLANTS CLAIMANTS 21 31 Ku.Saman, Aged about -3 years App.2 &3 D/o Md.Manjoor Aalam Minor applicant no.2 &3 through mother applicant no.1 All R/o- Bajrang Video Gali,Darri,Tah.-Katghora District - Korba (C. G.) V ERSUS RESPONDENTS/ NON-APPLICANTS 0:- II N.T.P.C. Through-General Manager, JamnipaliDistrict - Korba(C. G.) . 2] Eainai Velkanni Erectors Co.Ltd. through Contractor-S.S.Mani s/o Subramaniyam Mani,R/o- Kalmiduggu,Dam.Tah- Katghora.Distt -Korba[CG] 3} Orientat Insurance Company Ltd. ^ Through-DivisJonat Manager,Divisional Office- Geetanjali Bhawan.Main Road,Korba,Tah.& Distt.- Korba,CG. APPEAL U/S 30 OF WORK'SMAN COMPENSATION ACT. t'CI N0.1189 OF 2007 Khusbunnjsha and others Versus N.T.P.C. and others. lclalmantsl APPL_|CANTS CO^PENSATION ACT Bench: Hon'bSe Nr. N.K. Aaarwal. J.t : Shn Ravish Verma, counsei for the appejiants. Shn Vsnod DeshmuRh, counss! for rsspondent Nc.1. Shri S.P. Kate. counseS for respondent No.2. Smt. Chltra Shrivastava, counse! for re'spondsnt No.3. ORAL ORDER (Passed on 12th day of Jusly, 2010) This is ciaimants' appeai against the dlsmissat of their cialm by Commissioner, Workmen's Compensation (Labour Court) Korba vlde order dated 01-06-2007 in Case No.6/W:C. Act/05(F). 2. Facts in brief are as under: As per the appeiiants/cjatmants, on 21-12-1999 Manjoor AEam husband of appeilant No.1 and father of appeitants No.2 & 3, was working in the employment ot' respondent No.2, died of the injuries sustained In an accident which arose out of and during course of empioyment. The cjaimants widow and minor children of the deceased flied claim petition under Section 10 of the WorKmenss Compensation Act, 1923 (for short 'the Act') cSajming compensation of Rs.2,59,909.05 aiong wlth Interest and penalty aiso fited an applicatlon tbr condonation of delay ih fjling the said claim petstion. 3. Undisputediy, affidavit in support of the appltoation for condonation of delay was not fiied by the appeilants/claimants. I. %t^->. > Learned Commissioner instead of deciding the application for condonation of delay, proceeded with the case, framed the Issues and one of the issues framed was regarding limitation and thereafter, decided the issue of limitatjon and dismissed the ciaim petition. 4. Learned counsel for the appellant wouid contend that looking to the facts and circumstances of the case and iooking to the fact that the merits of the matter were not denied by the respondents in their repiy, the iearned Commissioner ought to have either condoned the delay or should have gjven an opportunity to the appeltants/ciaimants to file affidavjt in support of the appiication for condonatlon of delay and thus, has erred in dismissing the ciaim petition only on the ground of not filing of affidavit. 5. On the other hand, learned counsei for the respondents supported the order impugned. 6. I have heard learned counsei for the parties, perused the award impugned and records of the fearned Commissioner. 7. in the consldered opinion of thjs Court, if an aftidavit in support of appiication for condonation of delay is not fiied, an opportunity to file the same ought to have been glven to the appellants/ciaimants by the iearned Commissjoner and before proceeding with the case, the learned Commissioner ought to have decided the appiication for condonation of delay keeping llberal approach therefor. Therefore, the dlsmissai of the claim petition on the above ground aione per-se is illegal and not sustainabie In law and the order impugned deserves to be and is hereby set aside. The matter is remitted back to the Commlssioner.Workmen's Compensatlon for deciding the same after affording' an opportunity of fi!ing affidavit in support of appiication for coradonation of deSay and then decide the matter In accordance wlth law on jts own merits. 8. The appeal is aflowed and the order passed by the fearned Commissioner is set aside. k^"-..4 '^ fg^ "\ ^s/ ^^^^^ 9. Parties are directed to appear before the iearned Commissjoner, Workmen's Compensatlon on 14-09-2010. Sd/- N.K. Agarwai Judge Kvr