V KANDAN Vs. MADRAS DOCK LABOUR BOARD

JUDGEMENT

(1.) This appeal is directed against the order of Mohan, J., in W.P. No. 6381 of 1980 dismissing the same in limine.

(2.) The circumstances under which the writ petition came to be filed before this Court can be briefly set out. The petitioner, who was a Reserve Pool Mazdoor, was dismissed from service on 6th March, 1980 by order of the Deputy Chairman of the Dock Labour Board, who was the disciplinary authority. The order of dismissal was served on the appellant on 22nd March, 1980. However, he filed an appeal against the order of dismissal to the Chairman of the Dock Labour Board, the appellate authority, on 25th April, 1980, after a delay of 20 days. In his memorandum of grounds of appeal, a prayer has been added for condonation of delay in filing the appeal. In the said appeal petition the appellant has been served with a communication, dated 12th May, 1980, by the Secretary of the Dock Labour Board, which is as follows -

(3.) In this appeal, the learned Counsel for the appellant contends that the discretion either to condone the delay or refusing to condone the delay should be exercised only by the Chairman of the Dock Labour Board and not by this Court. It is also urged by the learned Counsel that the communication sent by the Secretary shows that the Chairman of Dock Labour Board did not exercise his appellate power, which includes the discretionary power provided under Regulation 48(5) proviso, to condone the delay.