UNION OF INDIA Vs. XIII A.D.J.

JUDGEMENT

(1.) Heard Shri Ved Prakash, learned Counsel for the petitioner representing the Union of India. Even after revision of list, none appeared from the side of opposite party No. 3.

(2.) This writ petition has been filed by the Union of India challenging the order dated 20.11.1999 by which application for condoning the delay has been rejected.

(3.) It was submitted by learned Counsel for the petitioner Union of India Shri Ved Prakash submitted that though section 17 of the Payment of Wages Act provides only 30 days for filing of appeal but it nowhere excludes the jurisdiction of the Court to condone the delay under section 5 of the Limitation Act. It was further submitted that it was a Central Act. Karnataka and Madhya Pradesh have added a provision under section 17 and made provisions of section 5 of the Limitation Act applicable to appeals under this section. It was further submitted that a Full Bench of this Court Ram Swaroop v. Board of Revenue,1990 8 LCD 253this Court has held that Indian Limitation Act will apply before any Court of law and section 5 of the Limitation Act is applicable. It was further submitted that the Appellate Court under section 17 of the Act is also a 'Court' and hence section 5 of the Limitation Act is applicable.