High CourtsSingle Bench(2019) 12 SHI CK 0095

Minakshi And Others vs State Of H.P & Another

High Court Of Himachal Pradesh · Decided on 19 December 2019

HON’BLE JUDGES
Sureshwar Thakur, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Petition (M) No. 748 Of 2018

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Judgment

8 paragraphs · 332 words

Sureshwar Thakur, J

1.

The petitioners/claimants, becoming aggrieved, from, an award pronounced, upon, W/C Case No. 1/2 of 2010/2013, by the learned Senior Civil Judge, Shimla, exercising powers of Commissioner, under, the Employee's Compensation Act, 1923, hence, strived, to, institute, thereagainst, the instant appeal before this Court.

However, the appeal reared against the impugned award, is time barred, hence, the petitioners/claimants through the instant petition, strived, to, seek condonation of delay, in, the rearing of the apposite appeal against the impugned award.

2.

The instant appeal is barred by 1 year and 30 days. Upon, the contentious pleadings of the parties, this Court, on, 26.11.2018, struck the hereinafter extracted issue:­

1) Whether good and sufficient reason stands meted, for, condoning the delay for instituting the appeal? OPA

2) Relief.

Issue No.1:­

3.

AW­1 (Smt. Minakshi), in, support, of, the averments, as, cast in the petition, stepped into the witness box, and, therein, she strives to explicate, the, good and sufficient cause, which, constrained her, to, institute an apposite well constituted appeal, against, the impugned award, hence, before this Court. In her examination­in­ chief, she has made a categorical echoing, vis­a­vis, her counsel supplying to her, on 28.2.2018, the, copy of the award, as, made by the learned Commissioner. However, the afore echoing existing in her examination­in­chief, does, completely work against her, as, even after hers, becoming supplied rather with the copy of the award, by her counsel, hence within, four months since its rendition, yet hers inordinately procrastinating, for, no well explicated, and, adequate, good and sufficient cause, to, rear an apposite appeal thereagainst. For want of any echoings becoming borne in her, examination­in­chief, and appertaining to her becoming, deterred by good and sufficient cause, for, hers omitting, to, even after a copy of the impugned award becoming rather within four months, since, its rendition, hence, supplied to her by her counsel, rather institute an appeal thereagainst, consequently, constrains this Court, to, dismiss the extant petition, and, the same is accordingly dismissed.