Court No. - 18
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 660 of 2000 Appellant :- Divisional Railway Manager, C.Rly., Jhansi Respondent :- Sri Baij Nath Counsel for Appellant :- A.K.Gaur
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard learned counsel for the parties.
2. By way of this appeal the appellant has felt aggrieved by the judgment and orders dated 16.6.1999 and 24.8.2000 passed by the Workmen Compensation Commissioner and Deputy Labour Commissioner, Jhansi Region, Jhansi in W.C. Case No. 6 of 1996 ( Baij Nath Vs. Divisional Railway Manager, Central Railway, Jhansi) award dated 27.4.1993 passed by Judge, Employees Insurance Court, Kanpur whereby it had allowed the appeal.
3. There is a gross delay of one year in preferring this appeal and the challenge is to the judgment and orders dated 16.6.1999 and 24.8.2000 passed by the Workmen Compensation Commissioner and Deputy Labour Commissioner, Jhansi Region, Jhansi. Recently, the Apex Court recently in Golla Rajanna Etc. Etc. Vs. Divisional Manager and Another, 2017 (1) TAC 259 (SC) and this High Court in FAFO 1070 of 1993 (E.S.I.C. Vs. S. Prasad) decided on 26.10.2017 has held as follows:
"The grounds urged before this Court are in the realm of finding of facts and not a question of law. As far as question of law is concerned, the aforesaid judgment in Golla Rajanna Etc. Etc. Versus Divisional Manager and another (supra) in paragraph 8 holds as follows "the Workman Compensation Commissioner is the last authority on facts. The Parliament has thought it fit to restrict the scope of the appeal only to substantial questions of law, being a welfare legislation. Unfortunately, the High Court has missed this crucial question of limited jurisdiction and has ventured to re-appreciate the evidence and recorded its own findings on percentage of disability for which also there is no basis."
4. Hence even on delay as well as merits this appeal fails and is accordingly dismissed.
5. This Court is thankful to Sri A.K. Gaur, learned counsel for the appellant for assistance in getting this old matter disposed off.
Order Date :- 31.10.2018/Praveen Court No. - 18 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 660 of 2000 Appellant :- Divisional Railway Manager, C.Rly., Jhansi Respondent :- Sri Baij Nath Counsel for Appellant :- A.K.Gaur
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. This is an application seeking condonation of delay in filing the Appeal.
2. Heard.
3. Cause shown for delay in filing appeal is not sufficient.
4. This application, accordingly, stands rejected.
Order Date :- 31.10.2018 Praveen