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Appeal No. SUK‑731 of 1980, heard on 22nd October, 1980.

‑‑ S. 37‑Appeal‑Limitation‑Delay of about 5 months‑Impugn ed order allowing advance increments to workers already getting maximum of pay scale--Contended: implementation of impugned order beyond financial powers of appellant‑No such plea raised before Labour Court‑Such ground, held, not sufficient for condonation of delay.

S. M. A. Alvi for Appellant.

Date of hearing 22nd October, 1980.

This appeal is directed against a decision of the learned Seventh Labour Court announced on 13th April, 1980 directing the Railway Administration to pay to respondents 2 to 10 herein four advance increments under the incentive scheme from the date of the lifting of the ban for the grant of such advance increment i.e. 17th July, 1978.

2. As the Memo. of appeal was filed on 8th October, 1980 i.e. almost six months after the announcement Of the above decision, an application has been filed by the Railway Administration for condonation of delay. The sole ground urged in support of the application for the condonation of delay is that the payment of advance increment, as ordered by the learned Labour Court, is beyond the financial powers of the appellants since the contesting respondents are already drawing the maximum of their scales. This is no ground for condonation of delay. Obviously, the Railway Administration must have been aware of the' fact that the respondents have reached the maximum of the present scale. However, neither this ground was taken up before the learned Labour Court nor can such ground be considered to have in any way prevented the appellants from filing the appeal in time.

3. I would, accordingly, reject the application for condonation of delay and dismiss the appeal as time barred,

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