TAMIL NADU STATE TRANSPORT CORPORATION KUMBAKONAM DIVISION II LTD Vs. REGIONAL TRANSPORT AUTHORITY THIRUCHIRAPALLI

JUDGEMENT

(1.) SINCE the question involved in both the writ petitions are identical, the same are taken up for joint disposal with the consent of the respective counsel.

(2.) THE petitioner preferred an appeal before the State Transport Appellate Tribunal against the proceedings of the first respondent. Admittedly the appeal was presented with certain defects. THE papers were returned to rectify those defects, granting a week's time to the petitioner. THE appeal papers were not represented within the time granted by the Tribunal for rectification. Some delay occurred in representation of the papers and hence the petitioners filed a petition to condone the delay of 15 days in representing the papers in both the cases.

(3.) EVEN though the Tribunal has rejected the papers on the ground that there is no valid ground to condone the delay, it is for this Court to consider as to whether the Tribunal has got power to entertain the application for condonation of the delay. Only if the Tribunal has got power to condone the delay, then only the impugned order can be set aside and the matter can be remitted back for fresh disposal. If the Tribunal has no power to entertain the application for condoning the delay then it is unnecessary to remit the matter to the Tribunal by setting aside the order. Equally if the Tribunal has no jurisdiction to entertain the application for condoning the delay, then the order of rejection of the appeal can be sustained on that ground.