1. By way of this petition, the petitioner has prayed to quash and set aside the impugned order dated 31.12.2005 passed by the Commissioner under the Workmens’ Compensation Act, 1923 below application Exhibit1 and application below Exhibit5, whereby the application for delay condition was rejected.
2. The facts in brief are that on 20.09.1990 Jethabhai, son of the petitioner died an accidental death during the course of his employment in the respondent factory. The petitioner filed Workmen Compensation Fatal Application No.9/1996 along with application for delay condonation for the purpose of claiming compensation under the provisions of the said Act. However, the Workmens’ Compensation Commissioner rejected the application for delay condonation after a period of more than 10 years. Hence, this petition.
3. Heard learned counsel for the respective parties. From the record, it appears that the authority has not entertained the application on the ground of delay. Hence, in the fitness of things, it would be appropriate that the application preferred by the petitioner is decided by respondent authority on merits.
4. Consequently, the impugned order dated 31.12.2005 passed by respondentauthority is quashed and set aside. The respondentauthority shall proceed with the hearing of the application preferred by the petitioner and decide the same on merits, within a period of six months from today, in accordance with law, after condoning the delay caused in filing the same. It is made clear that this Court has quashed the order of respondentauthority not on merits and therefore, while adjudicating the issue, the authority shall not be influenced by the fact that this Court has quashed its earlier order.
5. With the above observations, the petition stands disposed of. Rule is made absolute to the above extent. Direct Service is permitted.
(K.S.JHAVERI, J.) /phalguni/