Bombay High Court

DIVISIONAL RAILWAY MANAGER PversusIndira Kirtising Rawal

Decided: 17 February 2026
Disposal: Allowed
Bench: JITENDRA SHANTILAL JAIN

Holding

The delay in filing the appeal is condoned and the appeal is restored.

Summary

The Divisional Railway Manager (P) filed an interim application seeking condonation of delay in filing an appeal against an order of the Labour Commissioner under the Workmen’s Compensation Act. The appellant argued that the delay was justified and that the objections raised were not removed. The court examined whether the delay could be condoned despite the non‑removal of objections. Satisfied with the reasons set out in paragraphs 4 to 10 of the application, the court held that the delay was excusable. Consequently, the court condoned the delay and restored the appeal, allowing the appellant to proceed with the challenge of the Labour Commissioner’s order.

Issues considered

Whether the delay in filing the appeal can be condoned despite non‑removal of objections
Whether the appeal can be restored after condonation of delay

Legislation cited

Workmen's Compensation Act

Subjects

Workmen’s Compensation
Appeal
Condonation of Delay
Labour Law
High Court

Judgment

              HMK                               1                    34 IA-1172-2026.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYYED   Digitally signed
                                    CIVIL APPELLATE JURISDICTION
SAEED    by SAYYED
         SAEED ALI
ALI      AHMED ALI
         Date:
AHMED    2026.02.18            INTERIM APPLICATION NO. 1172 OF 2026
ALI      11:18:09 +0530
                                                 IN
                                 FIRST APPEAL (ST.) NO. 5299 OF 2020

         Divisional Railway Manager (P)                     ….Applicant/Appellant

                     Versus

         Smt. Indira Kirtisingh Rawal               .…Respondents
         __________________________________________________________________

         Mr. Suresh Kumar i/by Ms. Smita Thakur for the Applicant/Appellant.
         __________________________________________________________________

                                             CORAM : JITENDRA JAIN, J.
                                             DATED : 17th FEBRUARY 2026


         P. C. :

         1.        This application is taken out for condoning the delay in filing the
         appeal to challenge the order passed by the Labour Commissioner under
         the Workmen’s Compensation Act.

         2.        The reasons have been set out in paragraphs 4 to 10 of the present
         application. Being satisfied with the reasons stated therein, the delay in
         filing the appeal and dismissed for non-removal of objections is condoned
         and appeal is restored.




                                                            [ JITENDRA JAIN, J. ]

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