YASHWANT MAHADEO CHAVAN Vs. KOHINOOR MILLS

JUDGEMENT

(1.) RULE. Heard forthwith. Petitioner had preferred an appeal against the order dated april 26, 2001 passed by the Labour Court before the Industrial Court. That Appeal was filed on or about August 22, 2003. The petitioner had also filed an application for condonation of delay in filing the appeal. By an order dated April 7, 2004, the Industrial Court was pleased to dismiss the application for condonation of delay, and consequently the appeal stood dismissed. It is this order which is the subject matter of the present petition.

(2.) IT is the case of the petitioner that the learned Industrial Court in a matter of condonation of delay, did not apply the correct test laid down by the Apex Court in the case of collector, Land Acquisition, Anantnag v. Mst. Katji AIR 1987 SC 1353 : 1987 (2) SCC 107 : 1987-I-LLJ-500. It is therefore submitted that non-application of correct test in the matter of condonation of delay amounts to failure on the part of the Industrial Court to exercise the jurisdiction and consequently, the order of industrial Court should be set aside and the delay in filing the appeal should be condoned and the petitioner should be allowed to prosecute the appeal. It is further submitted that the very fact that the petitioner had taken steps to serve the approach notice and thereafter filed an application before the Industrial Court would indicate the desire on the part of the petitioner to proceed with the proceedings. He therefore submits that in the instant case, because of failure by the Union to prefer the appeal, the petitioner should not be made to suffer the consequences.

(3.) ON the other hand, on behalf of the respondent, learned counsel contends that the tribunal has exercised its discretion based on the material available and in those circumstances, this Court should not interfere with the impugned order.