New India Assurance Co. vs. Nirmala Devi CMP(M) No. 1959 of 2024 20.05.2025 Present: Mr. Raman Sethi, Advocate for applicant/appellant. Mr. Mukesh Sharma, Advocate vice Mr. Rajiv Rai, Advocate for respondent No.1. Mr. Mayank Sharma and Ms. Rajni Gandhi, Advocates for respondents No.2 and 3. CMP(M) No. 1959 of 2024 The application has been filed for condonation of 58 days’ delay in filing the appeal. Though no reply has been filed, however, learned counsel for respondents have opposed the prayer for condonation of delay on the ground that day-to-day delay, as required to be explained under law, has not been explained. Taking into consideration the averments made in application and submissions made by learned counsel for parties, delay of 58 days in filing the appeal is condoned. Application is allowed and disposed of. FAO No. of 2025(FAOST No.46300/2024) Appeal be registered. Admit on following substantial question of law:- 1. Whether the findings returned by the concerned Commissioner (Employees Compensation) with respect to employer and employee relationship are contrary to material on record and law, particularly the provisions of Section 2(1)(n) of Employees Compensation Act, 1923, and are not applicable in the matter? Parties are duly represented. Therefore, there is no need to issue the post admission notices to the parties. Record be requisitioned. List for hearing in due course. CMP No. of 2025 (CMPST No.46301/2024) This application has been filed for staying the execution and operation of impugned award dated 11th July, 2024 passed by learned Civil Judge-cum-Commissioner (Employees Compensation), Chachiot at Gohar, District Mandi in Case No. 01/2022 titled Nirmla Devi vs. Pankaj Rana and others. The appellant has also placed on record the receipt dated 26th November, 2024 issued on behalf of the Commissioner (Employees Compensation)-cum-Civil Judge, Chachiot at Gohar, District Mandi for depositing Rs.20,07,544/- vide cheque No.008316 dated 18th November, 2024. Taking into consideration the material on record, execution and operation of impugned award is stayed during pendency of appeal subject to verification of calculations of amount. Alteration, modification and vacation on motion. Application stands disposed of. May20, 2025 (Vivek Singh Thakur) (ms) Judge