Lawful claim, as per Employee’s Compensation Act, should not be permitted to be defeated on hyper technical view of delay in filing application: Delhi HC

Read Judgment: LATE MOHD ASIF THROUGH HIS MOTHER LEGAL HEIR SHABNAM vs. SHAHID KHAN & ANR 

Pankaj Bajpai

New Delhi, November 9, 2021: The Delhi High Court has held that a lawful claim as per the Employee‘s Compensation Act, should not be permitted to be defeated, on a hyper technical view of delay in filing application for restoration. 

The Bench of Justice Sanjeev Sachdeva observed that explanation rendered by the appellant for non-appearance and not filing an application within time being a plausible one, the delay in filing the application for restoration is liable to be condoned. 

The observation came pursuant to an appeal challenging rejection of appellant’s application seeking restoration of the claim petition dismissed in default. 

Going by the background of the case, the claim petition was filed by the appellant (mother & legal heir) on account of the death of her son who was employed in the factory of Shahid Khan (first Respondent). 

As per the claim petition, the son died on account of electrocution in the factory premises where it was alleged that there were open wires and unrepaired electricity connection in the factory.

The claim petition was earlier allowed ex-parte in favour of the appellant and the respondent had filed an application seeking setting aside of the ex-parte order which was allowed and thereafter the case was listed for written statements and framing of issues. Since the appellant failed to appear, the claim petition was dismissed in default. 

After hearing the parties, the High Court noted the submissions of the appellant’s counsel that the appellant is the legal heir of the deceased and is not educated, and therefore she had entrusted the case to her advocate who did not appear when the matter was listed. 

Justice Sachdeva went on to state that the Employee Compensation Act is a beneficial legislation for the purposes of providing some respite to the family of the deceased who passes away in an accident at the working place.

Hence, the High Court restored the claim petition to its original number on the record of the Commissioner, who shall proceed with the claim petition and decide the same in accordance with law expeditiously.