KOLANDHAYEE Vs. DEPUTY COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The appellant/2nd respondent has filed this writ appeal as against the order of the Learned Single Judge dated February 18, 2000 in W.P. No. 19515/1992.

(2.) The Learned Single Judge, while passing orders in the writ petition filed by the appellant/2nd respondent has inter alia observed that 'there is no provision in the Act to entertain such an application. The order of the Authority is far in excess of its jurisdiction. The Authority having some quasi judicial functions should exercise it judicially. The order passed by the 1st respondent cannot be sustained on any ground. There are errors apparent on the face of records, etc. and resultantly, allowed the writ petition without costs.'

(3.) According to the Learned Counsel for the appellant/2nd respondent, the appellant's husband died while at work and the Learned Single Judge wrongly assumed that there was no application filed for condonation of delay, but the candid fact was that the appellant indeed filed a set aside application within 30 days on August 19, 1991, since I.A. No. 6/1991 was dismissed for default only on July 24, 1991, there was no necessity for filing an application for condonation of delay in filing the restoration petition W.C.I.A. No. 25/1991.