GUJARAT METAL BOX Vs. MANJUSHREE ARUN NANDODE

JUDGEMENT

(1.) The petitioner has challenged the judgement and award dated 14th October 1996 and the order dated 27th March 2000 whereby the delay condonation of application came to be dismissed.

(2.) The respondent workman was working with the petitioner firm. The respondent was served with a show cause notice for his negligence behaviour. After due procedure his service came to be terminated on 13th May 1987. The respondent raised a dispute which culminated in Reference LCA No.1716 of 1987. According to the petitioner the notice issued by the Labour Court was misplaced and could not remain present before the Court. In the meantime the company was closed in the year 1993.An exparte award came to be filed on 14th October 1996. On coming to know about the same the petitioner filed Misc. Application No.214 of 1997 along with an application praying for condonation of delay below Exh.4. The said application came to be rejected against which the present petition is filed.

(3.) The delay was only 39 days and the petitioner has explained the delay. If the delay is condoned at the most that can happen is hearing the matter on merits. Therefore in the ordinary course after condoning the delay the matter could have been remanded. However, it is stated that the respondent workman has died on 5th August 2005 and the petitioner company is already closed. In that view of the matter no useful purpose would be served by remanding the matter.