Condonation of delay under a special statute was available where Section 5 was not expressly excluded.

Under the Emergency Risks (Factories Insurance) Act, 1962, the appellate authority could consider condonation of delay because the Act prescribed a 30-day appeal period but did not expressly exclude Section 5 of the Limitation Act, 1963. Applying Section 29(2), the court held that delay may be excused on sufficient cause being shown, and an appeal should not be rejected as time-barred without considering that request. The time-bar dismissal was therefore unsustainable, and the matter had to be heard on merits after opportunity of hearing.

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Issues: Whether the appellate authority under the Emergency Risks (Factories Insurance) Act, 1962 could condone delay in filing the appeal by applying Section 5 of the Limitation Act, 1963, and whether the appeal should have been rejected as time-barred without consideration on merits.

Analysis: Section 29(2) of the Limitation Act, 1963 makes Sections 4 to 24 applicable to special or local laws unless such law expressly excludes them. The Emergency Risks (Factories Insurance) Act, 1962 prescribed a 30-day period for appeal but contained no express exclusion of Section 5. In the absence of such exclusion, the appellate authority had the power to entertain an application for condonation of delay upon showing sufficient cause. Rejecting the appeal solely on limitation, without considering whether delay could be excused, was therefore unsustainable.

Conclusion: The refusal to condone delay was wrong, and the order dismissing the appeal as time-barred was set aside. The appeal was required to be heard and decided on merits after giving an opportunity of hearing.

Final Conclusion: The writ petition succeeded to the extent that the time-bar order was quashed and the matter was sent back to the appellate authority for fresh decision on merits.

Ratio Decidendi: Where a special statute does not expressly exclude Section 5 of the Limitation Act, 1963, delay in filing an appeal under that statute can be condoned on sufficient cause being shown under Section 29(2) of the Limitation Act, 1963.

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