Ramanujam R. and Others vs Chief Inspector of Factories and Another

D. Murugesan, J.—Though the W.P.M.P.Nos. 27801 to 27808 of 2003 are listed, by consent of parties, the main writ petitions themselves are taken up for hearing and disposal.

As against the orders of the Deputy Chief Inspector of Factories, Vellore, dated May 30, 2003, the petitioners filed appeals before the Chief Inspector of Factories, the first respondent u/s 107 of the Factories Act, 1948, on July 7, 2003. The said appeals were dismissed on the ground that the same were barred by limitation. According to the first respondent, the petitioners had received the orders of the second respondent on June 6, 2003. The appeals were not filed within 30 days, i.e., before July 6, 2003 and were filed with a delay of one day.

I have heard the learned counsel for petitioners and Sri S.V. Durai Solaimalai, learned Government advocate for the respondents. I have also perused the affidavits filed in support of the writ petitions wherein it is stated that the petitioners have got a prima facie case in the appeals and the delay of one day cannot be taken that much serious considering the genuine grievance espoused by the petitioners.

In the absence, of any provision under the Factories Act for the appellate authority, the first respondent cannot condone the delay. However, by exercise of power under Article 226 of the Constitution of India, in the event this Court is satisfied that there are acceptable reasons for the delay, in the interest of the parties and considering the reasons explained in the affidavits, the delay of one day can be condoned and the appellate authority may be directed to consider the appeals on merits. Accordingly the delay of one day is condoned and the impugned orders are set aside. The first respondent is directed to entertain the appeals, consider the same on merits and pass appropriate orders after giving due opportunity to the petitioners.

With the above direction, the writ-petitions are allowed. No costs. Consequently W.P.M.P.No. 27801 to 27808 of 2003 are closed.