High CourtsDivision Bench(2011) 05 KL CK 0168

Kerala State Electricity Board and Chief Personal Officer vs Smt. Sibitha Chandran and Others

High Court Of Kerala · Decided on 23 May 2011

HON’BLE JUDGES
R. Basant, J · K. Surendra Mohan, J
RESULT
Dismissed
CASE NUMBER
MFA No. 96 of 2011

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Judgment

3 paragraphs · 220 words

R. Basant, J.—This petition is to condone the delay of 664 days in filing an appeal against an order passed by the Commissioner for Workmen''s Compensation. Employment and death are admitted. Liability for payment of compensation is also not disputed. Called upon to explain the precise nature of challenge, the learned Counsel for the Petitioner/Appellant submits that the precise question to be considered is only the date from which liability to pay interest on the compensation amount arises. That is the matrix of the dispute raised in this appeal.

2.

Coming to the question now, all that is to be decided is whether the delay of 664 days in filing the appeal deserves to be condoned or not. The Appellant is the Kerala State Electricity Board. We have gone through the affidavit in detail. We are not satisfied that sufficient reasons have been shown to exist to justify the inordinate delay of 664 days in filing this appeal. We are, in these circumstances, of the opinion that the delay does not deserve to be condoned. In coming to this conclusion, we have certainly taken note of the narrow compass of the real dispute that survives in the matter.

3.

The petition for condonation of delay is, in these circumstances, dismissed. Consequently the appeal shall stand rejected as barred by limitation.