Mr.R.A.S.Senthilvel, learned Additional Government Pleader takes notice for respondents 1 and 2.
2.The petitioner made an appeal to the first respondent against the order passed by the original authority. As the appeal was made beyond the statutory period, the same was rejected by the impugned order and hence the present writ petition.
3.Learned counsel appearing for the petitioner submits that the legislation itself is a social and welfare one and therefore, the interpretation which benefits the employee will have to be given. In any case, the power under
Article 226 of The Constitution of India is rather wide and therefore, the petitioner will have to be given an opportunity. Reliance has been made on the judgment of the Gujarat High Court in Backbone Projects Limited Vs. Yogesh Bhavchandbhai Gadhiya and Another (2009 (4) LLJ 783).
4.Learned Additional Government Pleader appearing for respondents 1 and 2 submits that in the statute, mandatory period has been prescribed and the same cannot be modified or varied and hence no interference is required.
5.The power under
Article 226 of The Constitution of India is rather wide. What the petitioner wants is an opportunity to contest the case on merits. There is no material to contradict the averments made in the application filed seeking condonation of delay. Though Section 5 of the Limitation Act does not have an application per se the principle governing therein can be applied to a proceeding emanating under the statute.
6.In such view of the matter, the order impugned is set aside and the writ petition is allowed. The petitioner is given four weeks from the date of receipt of a copy of the order to represent the papers. On such representation of the papers, the first respondent is directed to dispose of the appeal on merits and in accordance with law, within a period of four months thereafter. No costs.
07.03.2017 Index:Yes/No mmi To
1.The Joint Commissioner of Labour, DMS Campus, Teynampet, Chennai - 6.
2.The Assistant Commissioner of Labour, Office of Deputy Commissioner of Labour II, Teynampet, Chennai - 6.
M.M.SUNDRESH, J.
mmi W.P.No.4144 of 2017 07.03.2017 http://www.judis.nic.in