STATE OF M P Vs. RAMESH PRASAD VERMA

JUDGEMENT

(1.) PETITIONERS have filed present petition challenging the order passed by Industrial Court (Annexure P-7), in Case No. 673/mpir/99, decided on 25-2-2002. By the impugned order, the Industrial Court dismissed the appeal as barred by time.

(2.) FROM the perusal of record it appears that there was delay of 87 days in filing the appeal before the Industrial Court. Delay as explained in the application filed under Section 5 of Limitation Act, was that the award was passed on 5-7-99, petitioners applied for certified copy of the award on 12-8-99, which was received on the same date, and thereafter, the matter was sent to the Collector for appointment of Officer-in-Charge. The Officer-in-Charge, who was appointed by the Collector was engaged in election duty. Consequently, he could not file appeal upto 30th October, 1999. On these grounds the delay was sought to be condoned.

(3.) THE Industrial Court rejected the application on the ground that there is no explanation on the part of petitioner, the delay occurred between 20-8-99 to 30-10-99 and in this regard, the Industrial Court found that there is no proper explanation. Therefore, the application was dismissed. Consequently, the appeal was also dismissed.