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Judgment
Alok Awasthi, J
This petition under Article 227 of Constitution of India has been filed by the petitioner being aggrieved by the order dated 11.11.2025 passed by the Member Judge, Industrial Court, M.P., Indore in Civil Appeal No.36/PWA/2023, whereby the appeal has been dismissed for non-compliance of the Court order as well as Section 17(1-A) of the Payment of Wages Act.
Upon reviewing the record, it is observed that the petitioner has not deposited the award amount alongwith penalty on 11.11.2025 but it was deposited on 13.11.2025 with a delay of 02 days. The payment receipt is placed on record. However, considering the bonafide reasons assigned by the petitioner and in light of the order passed by the Apex Court in Commissioner of Income Tax Vs. Filmistan Ltd. [(1961) 42 ITR 163] and the order of Coordinate Bench of this Court in M.A. No.2604/2020 dated 08.09.2025 (M/s Madhya Pradesh Flying Club Ltd. Vs. Pawandeep Singh Pabla and others), this Court is of the view that the delay in depositing the ordered amount deserves to be and is hereby condoned.
Resultantly, the impugned order dated 11.11.2025 is hereby set aside and the appeal is restored to its original number. The Appellate Authority is directed to decide the appeal on merit after affording opportunity of hearing, in accordance with law.
With the aforesaid direction, the petition stands disposed of.