NEW AGE APPLIANCES (PRIVATE), LTD., MADRAS Vs. DEPUTY COMMISSIONER OF LABOUR (II) (APPEALS), MADRAS, AND ANOTHER

JUDGEMENT

(1.) By consent, the writ petition is taken up today. This writ petition for prohibition is directed against the Appellate Authority under S. 41 of the Tamil Nadu Shops and Establishments Act, 1947, to prohibit him from hearing the main appeal without first considering the delay of 365 days, according to the petitioner in filing the appeal by the employee. Obviously, unless the question of delay is considered and condoned, the hearing of the main appeal cannot take place. From this point of view the petitioner is entitled to succeed. Therefore, I hereby direct the appellate authority to dispose of the application for condonation of delay on merits uninfluenced by any other consideration and find whether in accordance with rule 9 of the rules framed under the Tamil Nadu Shops and Establishments Act, 1947, there are good and valid grounds for the condonation of the delay. Should he condone the delay, then alone he could proceed with the appeal. Subject to this, the writ petition is ordered in the above terms.

(2.) No costs.