VILAS B PARAB Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed against the order dated June 21, 2001 passed by the Central administrative Tribunal rejecting Original application No. 722 of 2000 of the petitioner ; as there was delay in filing the same.

(2.) THE petitioner who is employed as a casual labourer with the respondents, had requested the respondents to regularise hisi service. On his request and representations being turned down, he filed Original application No. 722 of 2000 on September 29, before the Central Administrative Tribunal. According to the Tribunal, the period ofi limitation runs from June 8, 1999 when the first representation made by the Petitioner was rejected. The Tribunal has held that there is a delay and under Section 21 of the administrative Tribunals Act, 1985, the tribunal cannot entertain a delay application filed after the period of limitation had expired. The Tribunal has held that repeated 5 representation made by the Petitioner would not cure the delay in filing the Original application.

(3.) AFTER hearing counsel for both the parties and on perusal of the proceedings, we find that the last representation was made by the petitioner on October 22, 1999 which was disposed of only on July 10, 2000. The Original application was filed on September 29, 2000. In our view, this delay is not fatal to the application and the application should be heard on merits. Section 21 in fact empowers the tribunal to condone the delay and in the circumstances the Tribunal ought to have heard the Application on merits after condoning the delay.