G ANANDAKUMAR Vs. DEPUTY COMMISSIONER OF LABOUR

JUDGEMENT

(1.) Since the issue involved in both the writ petitions raise a common point and the facts are interconnected with the consent of both parties, they are disposed of by this common order.

(2.) Both the writ petitioners filed an appeal petition before the first respondent under Section 41(2) of the Tamil Nadu Shops and Establishment Act, 1947 (hereinafter referred to "as the Act"), challenging their order of dismissal by the second respondent. The petitioners filed I.A.Nos.17 & 18/2005 for condonation of delay of 1186 days in preferring the appeal before the first respondent. The first respondent by order dated 21.03.2006, dismissed the applications filed for condonation of delay stating that the petitioners have miserably failed in justifying the inordinate delay and the reasons assigned by them is not acceptable.

(3.) The learned counsel appearing for the petitioners had submitted that the first respondent being an authority functioning under a Labour Welfare Legislative cannot adopt such an approach and ought to have condoned the delay by liberally construing the matter. The learned counsel further would submit that the petitioners have shown sufficient cause for not able to file the appeal within the time permitted and this has not been properly construed.