PROPRIETOR TAHIR SOAP FACTORY FAISALABAD Versus BASHIR AHMAD

This is an appeal directed against the order dated 17‑4‑1986 recorded by the learned Commissioner for Workmen's Compensation, Faisalabad, whereby the appellant was directed to deposit the compensation of Rs.3 500 for disbursement to Allah Ditta, who met with an accident while on duty resulting in the loss of his small finger and the finger next to it.

2. An objection has been raised on behalf of the respondent that the appeal is time‑barred a‑nd no application for condonation of delay has been given by the appellant. The decision of the Commissioner is dated 17‑4‑86 but the appeal was lodged on 13‑7‑86. Application for copy of the order of the learned Commissioner for compensation was given on 21‑4‑86 and the copy was delivered on 14‑5‑1986 as mentioned in the seal affixed on the copy. The copy had been prepared on 3‑5‑1986. Even if the period spent in obtaining the copy is treated from 21‑4‑1986 to 14‑5‑1986, the appeal is time‑barred. The total period spent in obtaining the copy was 23 days and 4 days were lost by the appellant for making application for copy. Since the appeal was brought on 13‑7‑86, it was, therefore, time‑barred by 3 days. Since no application for condonation of delay has been given, there are no reasons to ignore the delay. Where an action is time‑barred, each day's delay is to be satisfactorily explained. A valuable right has accrued to the respondent by lapse of time which cannot be' denied to him without any reason.

3. The appeal, therefore, is dismissed as time‑barred.

A.E. /306/Lb.P Appeal dismissed.