JUDGMENT
1. Heard Learned Counsel for the parties. As the Appellant had applied to the Government to refer the dispute to the Industrial Court and could have reasonable expectation that his prayer might be allowed, as the conciliation efforts failed this was in our view sufficient justification for the Appellant not to file an appeal before the Commissioner of Workmen's Compensation, lest his case for making reference to the Industrial Court may become weak. In these circumstances, therefore, we are satisfied that the Commissioner was not justified in throwing out the appeal of the Appellant merely on the ground of delay. We think, the Commissioner for Workmen's Compensation should have condoned the delay and his decision refusing to condone the delay does not appear to be in accordance with law. In these circumstances, the appeal is allowed and the order of the Addl. Commissioner for Workmen's Compensation as upheld by the High Court dismissing the appeal, of the Appellant is set aside and the appeal is remitted to the 2nd Respondent for admitting the same and hearing it in accordance with law.
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