Case Note & Summary
The petitioner, legal heirs of deceased Abbas Ismailbhai Manek, filed a petition under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, 1947, challenging the order dated 07.05.2025 passed by the learned Commissioner for Workmen Compensation, Jamnagar. The impugned order rejected the petitioner's application for condonation of delay in preferring a review application against an ex parte order dated 08.07.2016 passed in Workmen Compensation (Fatal) Case No. 12 of 2013. The petitioner's husband died in an accident on 10.06.2016 while working for the respondent, earning Rs. 500 per day. The petitioner filed a compensation claim, but due to the absence of her advocate, the Labour Court passed an ex parte order dismissing the claim. Upon learning of the order, the petitioner filed an application for restoration, which was delayed due to unavoidable circumstances. The Commissioner rejected the delay condonation application, leading to the present petition. The High Court observed that the delay was sufficiently explained and that the Commissioner should have adopted a liberal approach. The court set aside the impugned order, condoned the delay, and directed the Labour Court to restore the original case and decide it on merits within six months. The petition was allowed with no order as to costs.
Headnote
A) Workmen Compensation - Condonation of Delay - Sufficient Cause - Workmen's Compensation Act, 1923, Section 30 - The petitioner, widow of deceased workman, sought condonation of delay in filing review application against ex parte order rejecting compensation claim. The Commissioner rejected the application on ground of insufficient cause. The High Court held that the delay was due to unavoidable circumstances and the petitioner had sufficient cause, emphasizing that courts should adopt a liberal approach in condonation of delay to avoid miscarriage of justice. (Paras 1-5)
B) Industrial Disputes Act, 1947 - Review Application - Ex Parte Order - The Labour Court passed an ex parte order on 08.07.2016 due to absence of petitioner's advocate. The petitioner filed restoration application with delay, which was rejected. The High Court set aside the impugned order and condoned the delay, directing the Labour Court to restore the original case and decide it on merits. (Paras 2-5)
Issue of Consideration
Whether the learned Commissioner for Workmen Compensation erred in rejecting the application for condonation of delay in filing the review application against the ex parte order, and whether the delay was sufficiently explained.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 07.05.2025, condoned the delay, and directed the Labour Court to restore Workmen Compensation (Fatal) Case No. 12 of 2013 and decide it on merits within six months. Rule made absolute with no order as to costs.
Law Points
- Condonation of delay
- Sufficient cause
- Liberal approach
- Workmen Compensation Act
- 1923
- Section 30
- Industrial Disputes Act
- 1947
- Articles 226 and 227 of Constitution of India
Case Details
2026 LawText (GUJ) (03) 608
R/Special Civil Application No. 10013 of 2025
Mr. Yogen N. Pandya for Petitioner, Mr. Jeet Y. Rajyaguru for Respondent
Legal Heirs of Deceased Abbas Ismailbhai Manek Sharifaben Abbasbhai Manek W/o Decd
Bharatbhai Harakhchand Shah
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Nature of Litigation
Petition under Articles 226 and 227 of Constitution of India read with Industrial Disputes Act, 1947 challenging order rejecting condonation of delay in filing review application against ex parte order in workmen compensation case.
Remedy Sought
Petitioner sought setting aside of impugned order dated 07.05.2025 and condonation of delay in filing review application to restore Workmen Compensation (Fatal) Case No. 12 of 2013.
Filing Reason
The petitioner's husband died in an accident while working for the respondent; the Labour Court passed an ex parte order dismissing the claim due to absence of petitioner's advocate; the petitioner filed restoration application with delay which was rejected by the Commissioner.
Previous Decisions
Labour Court passed ex parte order on 08.07.2016 in Workmen Compensation (Fatal) Case No. 12 of 2013; Commissioner rejected condonation of delay application on 07.05.2025 in W.C. Misc. Application (Delay) No. 22 of 2024.
Issues
Whether the Commissioner for Workmen Compensation erred in rejecting the application for condonation of delay in filing review application against ex parte order.
Whether the petitioner had sufficient cause for the delay in filing the review application.
Submissions/Arguments
Petitioner argued that the delay was due to unavoidable circumstances and the Commissioner failed to consider the evidence and submissions.
Respondent's counsel waived service and did not oppose the petition.
Ratio Decidendi
The court held that the delay in filing the review application was due to unavoidable circumstances and the petitioner had sufficient cause. Courts should adopt a liberal approach in condonation of delay to avoid miscarriage of justice, especially in cases involving compensation for workmen's death.
Judgment Excerpts
Present petition is filed by the petitioner under Articles 226 & 227 of the Constitution of India read with the provisions of the Industrial Disputes Act, 1947 challenging the order dated 07.05.2025 passed by the learned Commissioner for Workmen Compensation, Jamnagar in W.C. Misc. Application (Delay) No. 22 of 2024, whereby, the learned Judge has rejected the application filed by the petitioner for condonation of delay in preferring application for review of an ex parte order dated 08.07.2016.
Since the impugned order under challenge is passed by the Commissioner for Workmen Compensation under Workmen’s Compensation Act, 1923, against which appeal is to be filed under Section 30 of the said Act, the present petition is not maintainable.
Procedural History
The petitioner filed Workmen Compensation (Fatal) Case No. 12 of 2013 before the Labour Court, Jamnagar. The Labour Court passed an ex parte order on 08.07.2016 dismissing the claim due to absence of petitioner's advocate. The petitioner then filed an application for restoration, which was delayed. The Commissioner for Workmen Compensation rejected the condonation of delay application on 07.05.2025 in W.C. Misc. Application (Delay) No. 22 of 2024. Aggrieved, the petitioner filed the present Special Civil Application No. 10013 of 2025 before the High Court of Gujarat.
Acts & Sections
- Industrial Disputes Act, 1947:
- Workmen's Compensation Act, 1923: Section 30
- Constitution of India: Articles 226, 227
