Bombay High Court
SMT. GANGABAI CHOTULALA PANBISRE AND ORSversusTHE SUPERINTENDING ARCHEOLOGIST, ARCHEOLOGICAL SURVE OF INDIA AURANANGABAD AND ANOTHER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
Condonation of the 26‑day delay in filing the appeal is granted.
Summary
The petitioners, Smt. Gangabai Chotulala Panbisre and others, are dependents of a deceased employee who died in the course of employment. They filed a civil application seeking condonation of a 26‑day delay in filing an appeal under the Employees Compensation Act, 1923, after the Compensation Commissioner rejected their claim for compensation. The respondents, the Superintending Archaeologist of the Archaeological Survey of India and another party, opposed the condonation. The High Court, after considering the length of the delay and the fact that the compensation claim had been rejected, allowed the condonation despite strong opposition. The Court ordered that the appeal be listed for hearing at the admission stage on 8 October 2026.
Issues considered
- Whether a delay of 26 days in filing an appeal under the Employees Compensation Act, 1923 can be condoned?
Legislation cited
Subjects
- Employees Compensation
- Condonation of delay
- Appeal
- High Court
- Civil application
- Compensation claim
Judgment
2026:BHC-AUG:42683
1 975-ca-11702-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 11702 OF 2025
IN FAST/28665/2025
Smt. Gangabai Chotulala Panbisre And Ors
VERSUS
The Superintending Archeologist, Archeological Surve Of India
Auranangabad And Another
...
Advocate for Applicant : Mr. Satish Prabhakar Dhobale
Advocate for Respondent No.1 : Mr. N.T. Tribhuwan
Advocate for Respondent No.2 : Mr. Akshay Kulkarni (through V.C.)
...
CORAM : ROHIT W. JOSHI, J.
DATED : SEPTEMBER 11, 2026
P.C.:
1. Present civil application is filed for condonation of delay of 26
days caused in filing the appeal under the Employees Compensation
Act, 1923. The applicants are dependents of deceased, is who stated to
have died in a accident during course of his employment. The
application for grant of compensation is rejected by the Compensation
Commissioner.
2. Having regard to the period of delay, as also to the fact that
claim under the Employees Compensation Act is rejected, application
for condonation of delay though strongly opposed is allowed.
3. List the appeal for hearing at admission stage on 08.10.2026.
[ROHIT W. JOSHI J.]
Mujaheed//
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