Food Corporation Of India vs Anadi Mondal
2022 Latest Caselaw 2017 Cal

1.
     18-04-2022                         FMAT 790 of 2018
                              CAN 1 of 2018 (Old CAN 6020 of 2018)
sg
       Ct. 8                  CAN 2 of 2018 (Old CAN 6040 of 2018)

                                     Food Corporation of India
                                              Versus
                                          Anadi Mondal

                         Mr. Shyamal Chakraborty, Adv.
                         Ms. Madhumita Kundu, Adv.
                                            ...for the appellant

                         Mr. Rwitendra Banerjee, Adv.
                                             ...for the respondent

In Re: CAN 1 of 2018 Old CAN 6020 of 2018)

There is a delay of 445 days in preferring the appeal.

The appeal is arising out of Claim Case No. 435 of 2007

filed under the Workmen Compensation Act before the

Commissioner, Employees' Compensation, 3rd Court, Kolkata,

West Bengal. The Claim Case was disposed of on 21st February,

2017. The appeal was preferred on 9 th August, 2018. In the

application for condonation of delay, the deponent sought to give

explanation of delay by referring to various consultative processes

through which the file has to travel before it fructifies in a

memorandum of appeal being prepared and a final decision being

taken for filing the said memorandum of appeal.

The learned Counsel for the appellant submits that since

the appellant is a Government of India enterprise, the decision to

file an appeal is required to be taken on various stages which,

however, is not so much reflected from the copy of the petition. A

liberal view may be taken in deciding the application for

condonation of delay. It is further submitted that the entire

awarded amount has been deposited in the Employees'

Compensation Court and no prejudice should be caused to the

workmen in the event the appeal is heard on merits.

Although, the explanation is not so satisfactory but some

causes have been shown in the said petition, which may be taken

into consideration at this stage for condonation of delay,

moreover, the appellant has deposited the entire awarded amount

before the Employees' Compensation Court.

Under such circumstances, the application for condonation

of delay is allowed. The delay of 445 days in preferring the appeal

is condoned.

CAN 1 of 2018 Old CAN 6020 of 2018) is accordingly,

disposed of.

In Re: FMAT 790 of 2018 and CAN 2 of 2018 Old CAN 6040 of 2018)

By consent of the parties, we propose to dispose of the

appeal at the admission stage.

We have heard the learned Counsel for the parties. The

nature of injury sustained is not in dispute. However, the extent of

disablement is the subject matter of dispute in the appeal.

Mr. Rwitendra Banerjee, learned Counsel appearing on

behalf of the respondent, in all fairness, has referred to Section

24A of the Employees' Compensation Act, 1923 (West Bengal

Amendment) and submitted that the Trial Court could have

disposed of the appeal by referring the nature and extent of injury

to a medial referee to assess the nature and extent of disability

occurred due to such accident and the matter may be remanded to

the Trial Court for consideration of the nature and extent of

disability on an application that may be filed by the respondent.

In the instant case, the learned Employees' Compensation

Court noted certain discrepancies in the evidence of the

respondent with regard to the disablement but having regard to the

admitted nature of the injury as revealed from the X Ray and

various reports, we dispose of this appeal by giving an opportunity

to the respondent/award holder to file an application for

appointment of a Medical Referee and in the event the said

application is filed within three weeks from date, we would

request the learned Trial Court to decide the nature and extent of

disability by referring the said issue to a Medical Referee as

envisaged in Section 24A of the Employees' Compensation Act,

1923 and to rewrite the judgment afresh on consideration of such

report.

The impugned order is set aside with the aforesaid liberty

to the respondent. The respondent shall be at liberty to approach

the Member Secretary, District Legal Services Authority to

appoint an Advocate to represent the said respondent/claimant

before the Commissioner, Employees' Compensation Court, (3 rd

Court), Kolkata.

The Member Secretary, Calcutta High Court Legal

Services Authority shall immediately communicate this order to

the Chairman, District Legal Services Authority, Malda for doing

the needful.

The appeal and the application being CAN 2 of 2018 Old

CAN 6040 of 2018) are accordingly, disposed of.

Urgent photostat certified copy of this order, if applied for,

be supplied to the parties upon compliance of all requisite

formalities.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)