Citation : 2024 Latest Caselaw 5656 Gua
Judgement Date : 7 August, 2024
Page No.# 1/5
GAHC010191332016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/914/2016
NATIONAL INSURANCE CO. LTD.
HAVING ITS HEAD OFFICE AT MIDDLETON STREET, KOLKATA AND ONE
OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE,
G.S. ROAD, BHANGAGARH, GUWAHATI-5 AND A DIVISIONAL OFFICE AT
SILCHAR, P.O. SILCHAR, DIST. CACHAR, ASSAM.
VERSUS
SMT. KAUSHALYA GURUNG and 7 ORS,
W/O LATE BECHON SINGH GURUNG
2:BICHAR SINGH GURUNG
S/O LATE BECHON SINGH GURUNG
3:SMT. POBITRA GURUNG
D/O BECHON SINGH GURUNG
4:PRATAP SINGH GURUNG
S/O LATE BECHON SINGH GURUNG
ALL 1 - 4 ARE R/O LANE NO. 23
VIVEKANANDA ROAD
P.O. VIVEKANANDA ROAD
P.S. SILCHAR
DIST. CACHAR
ASSAM.
5:THE GENERAL MANAGER
OIL AND NATURAL GAS CORPORATION LTD.
DEHRADUN
UTTARAKHAND
Page No.# 2/5
6:THE MANAGER P and A
OIL AND NATURAL GAS CORPORATION LTD.
CACHAR FORWARD BASE
SRIKONA
SILCHAR 788026
7:THE PROJECT HEAD
CACHAR PROJECT
THE OIL AND NATURAL GAS COMMISSION AT SRIKONA
P.O. SRIKONA
DIST. CACHAR
ASSAM.
8:GAURI SANKAR DAS
S/O LATE KSHIRODE RANJAN DAS
R/O NATIONAL HIGH WAY C.R. AVENUE
P.O. and P.S. SILCHAR
DIST. CACHAR
PIN 788012
ASSAM
Advocate for the Petitioner : MR.K K BHATRA, MR A SAIKIA,MR.D K BHATRA,MR.R K
BHATRA,MS.P HUJURI
Advocate for the Respondent : MS. S SENAPATI (R5-R7), ,,,,MR. W SHARMA (R5-R7),MR. K
ROY CHOWDHURY (R5-R7)
Linked Case :
NATIONAL INSURANCE CO. LTD
VERSUS
SMT KAUSHALYA GURUNG and 7 ORS
------------
Advocate for : MR.D K BHATRA
Advocate for : appearing for SMT KAUSHALYA GURUNG and 7 ORS
Page No.# 3/5
Linked Case : I.A.(Civil)/469/2020
NATIONAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET
KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI
REGIONAL OFFICE
G.S. ROAD BHANGAGARH
GUWAHATI 781005
KAMRUP (ASSAM) AND ONE OF ITS DIVISIONAL OFFICE AT MALIGAON
GUWAHATI.
VERSUS
SMT. KAUSHALYA GURUNG and 7 ORS
W/O LATE BECHON SINGH GURUNG
R/O LANE NO. 23
VIVEKANANDA ROAD
P.O. VIVEKANANDA ROAD
P.S. SILCHAR
DIST. CACHAR
ASSAM.
2:BICHAR SINGH GURUNG
S/O LATE BECHON SINGH GURUNG
3:SMT. POBITRA GURUNG
D/O BECHON SINGH GURUNG
4:PRATAP SINGH GURUNG
S/O LATE BECHON SINGH GURUNG
ALL 1 - 4 ARE R/O LANE NO. 23
VIVEKANANDA ROAD
P.O. VIVEKANANDA ROAD
P.S. SILCHAR
DIST. CACHAR
ASSAM.
5:THE GENERAL MANAGER
OIL AND NATURAL GAS CORPORATION LTD.
DEHRADUN
UTTARAKHAND
Page No.# 4/5
6:THE MANAGER P and A
OIL AND NATURAL GAS CORPORATION LTD.
CACHAR FORWARD BASE
SRIKONA
SILCHAR 788026
7:THE PROJECT HEAD
CACHAR PROJECT
THE OIL AND NATURAL GAS COMMISSION AT SRIKONA
P.O. SRIKONA
DIST. CACHAR
ASSAM.
8:GAURI SANKAR DAS
S/O LATE KSHIRODE RANJAN DAS
R/O NATIONAL HIGH WAY C.R. AVENUE
P.O. and P.S. SILCHAR
DIST. CACHAR
PIN 788012
ASSAM.
------------
Advocate for : MR. K K BHATRA
Advocate for : appearing for SMT. KAUSHALYA GURUNG and 7 ORS
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 07-08-2024
Heard Ms. P. Hujuri, learned counsel for the applicant.
Office note and the orders passed by this Court reflects that the service of notice upon the respondent nos. 1, 2, 3, 4, 5, 6, 7 and 8 have been duly served. However no one appears on behalf of the said respondents. It appears that the respondents are not interested to contest this condonation application.
The applicant filed this application under section 30(3) of the Employees Page No.# 5/5
Compensation Act, 1923, read with section 5 of the Limitation Act, 1963 praying for condonation of delay of 33 days in filing the connected appeal against the judgment and order dated 18.12.2015 passed by the Commissioner, Workmen's (Employees) Compensation, Bongaigaon in W.C. case no. 54/2008.
The reason for delay in filing the connected appeal has been explained in para 5 and 6 of the application, and I am satisfied that the applicant has been able to show sufficient cause for not filing the connected appeal within the stipulated time.
As observed above, the respondent seems to have no objection for condoning the delay of 33 days in filing the connected appeal.
In view of the above, the delay of 33 days in filing the connected appeal is hereby condoned.
With the above, this IA stands disposed of.
The Office shall register the connected appeal and list it accordingly.
JUDGE
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