1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.3144 of 2010 IN FIRST APPEAL ST. NO.15633 OF 2010 Shankar Parasram Gajbhiye Versus Rashida Begum wd/o Hanif Sheikh and others _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri B.M. Kharkate, Advocate for the applicant/appellant. Shri Annop Parihar, Advocate for respondent No.4 CORAM : R.M.SAVANT, J. DATED : 23.02.2011. By the above Civil Application, the applicant/ appellant seeks condonation of delay of 952 days in filing the Appeal. The reasons therefor are mentioned in the Civil Application. The applicant/appellant herein is admittedly an employee of respondent No.4-Municipal Council, Gondia. The applicant/appellant was arrayed as respondent No.2 in the proceedings initiated under the Workmen's Compensation Act, 1923 by the heirs of the deceased who was working as an Electrical Workman. The deceased at the relevant time was working on some electrical pole from which he fell down and which ultimately resulted in his death. It appears that the applicant/appellant, above named, 2 was joined as a party respondent as he was incharge of the Electrical Department of the Municipal Council. The claim under the Workmen's Compensation Act, 1923 was allowed and the opponents amongst whom was the applicant above named, were directed to pay an amount of Rs.1,61,148.75 as compensation. The said amount was directed to be deposited with 9% interest per annum from the date of filing of the application till its realisation. The said amount comes to amount Rs.3,07,336/- approximately. 2. It is the case of the applicant/appellant whilst seeking condonation of delay that he was not aware of the legal position in the light of the award passed by the Commissioner, Workmen's Compensation namely that he was also be liable to pay 50% of the decretal amount as he was arrayed as respondent No.2 and therefore, initially though the Municipal Council had filed an appeal, he had not done so as he was labouring under a bonafide belief that since he was an employee of the Municipal Council it is not necessary for him to file an Appeal and that the Appeal filed by the Municipal Council would suffice the purpose. It is only when the Tahsildar issued a notice for recovery of 50% of the decretal amount sometime in January 2010, that the applicant filed Writ Petition No.2683/2010 challenging the impugned award of the Commissioner, Workmen's Compensation. The said Writ Petition was pending between February 2010 to 21st June, 2010. It ultimately came to be disposed of in view of the fact that the applicant had an alternate remedy by way of filing an appeal under the 3 Workmen's Compensation Act, 1923. 2. The applicant has thereafter filed the instant Appeal and also filed application for condonation of delay of 952 days, which has occurred in filing the above Appeal. Though the reasons mentioned by the applicant/appellant prima facie do not commend to me for condonation of such a huge delay of 952 days, however it is also required to be borne in mind that if the delay is not condoned, the Applicant would be deprived of the remedy available to him in law. The appellant resultantly would be liable for the decretal amount though in fact he is also an employee of the Municipal Council and no overt act is attributed to him. It would then lead to an anomalous situation where an employee of the Municipal Council would be liable to pay 50% of the decretal amount. It is also required to be noted that the First Appeal filed by the Municipal Council is already admitted. In my view, therefore, the interest of justice requires that the delay of 952 days is condoned. The Civil Application is, therefore, allowed. The delay of 952 days accordingly stands condoned. Civil Application is accordingly disposed of. FIRST APPEAL ST.NO.15633/2010. List the Appeal for admission in the week commencing from 7th March, 2011. JUDGE 4 pma