ORDER 1. Being aggrieved by the order dated 8.2.2013 passed by Commissioner for Workmen’s Compensation, Labour Court, Indore in WCNF 16/2012 for compensation on account of injuries was dismissed, the present appeal has been filed. 2. Short facts of the case are that in an accident which took place on 5.12.2008 appellant sustained injuries. Appellant filed the claim petition under the provisions of ESI Act which was withdrawn with a liberty to file the claim petition under the provisions of Workmen’s Compensation Act. Thereafter on 2.3.2011 the claim petition was filed under the provisions of Workmen’s Compensation Act which proceeded ex-parte against the respondents. After recording of evidence, learned Court below dismissed the petition on the ground that claim petition filed by the appellant is barred by time. 3. After hearing the counsel for appellant at lengh and keeping in veiw that undisputedly the claim petition was filed after more than two years, this Court is of the view that learned Court below committed no error in dismissing the petition. However the fact remains that claim petition was filed before the Commissioner, Workmen’s Compensation after dismissal of the claim petition by ESI, Labour Court, therefore the appeal filed by the appellant is allowed and impugned order is set aside with a direction that appellant shall be at liberty to file an application for condonation of delay and also an application for exclusion of the period which the appellant spent bonafidely in prosecuting the earlier proceedings under ESI Act. If such applications are filed, then learned Court below shall decide the claim petition along with other applications after notice to the respondents as they were ex-parte, on merit. 4. With the aforesaid observation, the appeal stands disposed of.