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Appeal No. Rl.‑159 of 1969, decided on 3rd October 1969.

---S. 16 read with Limitation Act (IX of 1908), S. 5 ‑Appeal ' of delay‑Appeal filed before High Court prior to constitution of Industrial Appellate Tribunal ‑ High Court dismissing appeal on ground that it lay to Industrial Appellate Tribunal which was by that time constituted‑ Appellant filing appeal before Appellate Tribunal‑‑after one month of its dismissal by High Court and also praying for condonation of delay under S. 5, Limitation Act, 1908‑No explanation given as to why appeal before Appellate Tribunal was not filed immediately after its dismissal by High Court‑Appeal dismissed as time-barred.

Appellant in person.

Naseerul Hasan for Respondent.

Date of hearing: 3rd October 1969.

This is an application under section 5 of the Limitation Act for condonation of delay in filing the appeal. The award was given on the 6th of July 1968. , Thereafter there being no Appellate Tribunal 'at that time the appellant went to the High Court in writ petition. It was dismissed on the 3rd of March 1969, by the Division Bench on the ground that the appellant should have filed an appeal under section 16 to the appellate Tribunal. The appellant filed an appeal before this Court on the 3rd of April 1969. A perusal of the application under section 5 of the Limitation Act does not give any reason whatsoever as to why the applicant did not file the appeal immediately after the 3rd of March 1968. In this connection I may mention that an appeal has to be file within 30 days of the decision of the Industrial Court. The appellant applied for a copy of the order of the Industrial Court on the 18th of March 1969. This fact would disclose that the appellant had no intention to file an appeal to this Court. In these circumstances, I see no reason to condone this delay. The application is dismissed.

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