IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 7141-CII of 2009 and FAO No. 1416 of 2009 (O&M) Date of Decision: 12.1.2011. Joginder Kumar ....Appellant Versus Commissioner Workmen Compensation-cum- Assistant Labour Commissioner, Patiala and another ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. S.S. Chauhan, Advocate for the appellant. Mr. Dinesh Gupta, Advocate for respondent No. 2. RAJESH BINDAL J Prayer in the application is for condonation of delay of 779 days in filing the appeal against the order passed by the Workmen Compensation Commissioner dismissing the application for compensation filed by the applicant- appellant. The claim of the applicant-appellant in the present case was dismissed by the Commissioner while noticing that he was covered under the provisions of ESI Act and if so advised he could file his claim before concerned authority. Along with the appeal, an application seeking condonation of delay of 779 days has been filed. Learned counsel for the applicant submitted that before the Commissioner he was represented through the Union. Copy of the order which was delivered in the office of Union at Mandi Gobindgarh was never communicated to him and it is only few days prior to the filing of appeal he went to the office that he was informed about the order. I do not find this to be a reasonable ground to condone such a huge delay once the applicant was represented through Union. The Union should have taken care of his interest by taking appropriate steps to see that the Workman from whom the Union is charging prescription gets his dues as per his entitlement. But in the present case the Union has failed to take care of his interest. The application seeking condonation of delay is dismissed and consequently, the appeal is also dismissed, however, with liberty to the applicant-appellant to claim compensation/damages from the Union which represented the applicant-appellant before the Commissioner and failed to take care of his interest. (RAJESH BINDAL) 12.1.2011. JUDGE Reema