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Judgment
Alok Singh, J.
Present appeal was filed with the delay of 29 days. Learned counsel for the respondent has no serious objection if delay is condoned on payment of reasonable cost.
For the reasons stated in the application, 29 days delay in filing appeal is condoned subject to the payment of cost of Rs. 2,500/- which shall be paid to the Uttarakhand State Legal Services Authority, within fifteen days positively.
Heard.
Admit.
L.C.R. be summoned.
Learned counsel for the appellant submits that before approaching the Workmen Compensation Commissioner, respondent had filed claim petition before the M.A.C.T. Initially, claim petition was allowed by the learned M.A.C.T. ex-parte. However, later on ex-parte award was set aside.
Learned counsel for the appellant contends that deceased does not fall under either of the schedules of the Employees Compensation Act as he was working as Engineer, therefore, he cannot be termed as workman, thus, Employees Compensation Act cannot be pressed in service. The apprehension shown by the learned counsel for the appellant is that during the pendency of present appeal claimant may withdraw the amount of compensation deposited with the Workmen Compensation Commissioner; in the event appeal is allowed, it would be difficult for the appellant to reclaim the amount of compensation.
In the facts and circumstances of the case, I direct that amount shall not be withdrawn by the claimant till further orders. Meanwhile, learned Workmen Compensation Commissioner shall keep the amount of compensation in the shape of F.D.R. with any nationalized Bank.
CLMA No. 4305 of 2014 stands disposed of accordingly.