Petitioner had filed the appeal before the State Commission with a delay of 60 days along with an application to condone the delay.  Reason given for condonation of delay was that the counsel who was handling his case was suffering from Spondylitis and High Blood Pressure.  State Commission has declined to condone the delay on the ground that the applicant himself was likely to have been aware of the illness of his counsel because a client is expected to keep himself abreast of the development in the case, and he could himself have filed the appeal through other lawyers. 

          Keeping in view the facts and circumstances of the case and specially the fact that the counsel for the petitioner was not keeping good health, we are of the opinion that the petitioner had made out the case for condonation of delay and the State Commission has erred in not condoning the delay of 60 days in filing the appeal. 

            For the reasons stated above, we condone the delay of 60 days in filing the appeal and remand the case back to the State Commission to decide it afresh in accordance with law.  The appeal be listed before the State Commission for preliminary hearing on 21^st March 2011.  Parties, through their counsel, are directed to appear before the State Commission on the aforesaid date.  The State Commission shall now decide the appeal on merits.