FOOD CORPORATION OF INDIA Vs. APPELLANT AUTHORITY (CENTRAL) UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 AND ORS.

JUDGEMENT

(1.) THE short question involved in the present petition is whether the appeal filed by the petitioner before the Appellate Tribunal under the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as the 'Act') was within limitation and if not, whether the delay can be condoned or not.

(2.) THE management of Food Corporation of India, New Delhi submitted an appeal under Section 6 of the Act challenging the order dated 05.01.2005 passed by the Certifying Officer and RIC(c), New Delhi issued in the application of the FCI Management seeking amendment to existing clauses 1(3), 5, 1 & 2(A) and clause 16 of the Certified Standing Orders. The appeal was dismissed by the Appellate Authority on the ground of limitation by observing that the Certifying Officer passed the order of 05.01.2005. The order was issued/despatched on 25.01.2005 as per the entry in the despatch register. The copy of the order was received by the Management on 28.01.2005. The appeal dated 28.02.2005 was received in the office of CLC(C) on 01.03.2005 as per the stamp of Central Registry of CLC(C) office on the original copy of the memorandum of appeal although the copy of the appeal available in the records of the management shows 28.02.2005 as the date of receipt as per the stamp of Central Registry. It was noted that some mischief had taken place in the Central Registry of CLC(C) office however without going into that aspect, it was observed that 30 days period from the date when the order was sent came to an end on 24.02.2005 as such, the appeal was barred by time. The contention of the appellant that the date on which the copy of the order is sent should be interpreted as the date on which the order came to the knowledge of the appellant did not find favour with the Appellate Authority by observing that there is no scope for such an interpretation in view of the clarity in the Section 6(1), as such, the appeal was rejected.

(3.) REBUTTING the submissions of learned counsel for the petitioner, learned counsel for the respondent submits that the limitation of 30 days for preferring an appeal against the order certifying the standing order is 30 days from the date on which copies are sent. The copies were sent on 25.01.2005, therefore, the filing of the appeal by the petitioner on 28.02.2005/01.03.2005 was beyond the stipulated period and, therefore, the Appellate Authority was justified in rejecting the appeal filed by the Management. The impugned order does not suffer from any infirmity which calls for interference as such, petition is liable to the dismissed. He also placed reliance on Badarpur Power Engineers (supra) on which reliance was placed by learned counsel for the petitioner.