Alternative remedy and record-based error: writ jurisdiction may still lie where delay condonation is refused on an incorrect record.

Availability of an alternative statutory remedy does not automatically bar writ jurisdiction, particularly where the impugned order is based on a record-based error or other exceptional circumstances warranting judicial review. The Tribunal refused to condone delay on the footing that no medical certificate was filed, but the original record contained the certificate. On that basis, the refusal to consider the delay application on the correct record could not be sustained, and the matter was remitted for fresh decision after hearing both sides.

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Issues: Whether the writ petition could be entertained despite availability of an alternative statutory remedy, and whether the Tribunal's refusal to condone delay on the ground that the medical certificate was not on record could be sustained.

Analysis: The availability of an alternative remedy is a rule of discretion and not a bar of jurisdiction. Where the impugned order rests on a finding that is contrary to the original record, and the petitioner has shown a strong basis to invoke writ jurisdiction, the High Court may interfere notwithstanding the alternate remedy. The Tribunal dismissed the application for condonation of delay on the ground that no medical certificate was enclosed, but the original record contained the certificate. In these circumstances, the refusal to examine the delay application on the correct record could not be sustained.

Conclusion: The writ petition was maintainable and the Tribunal's order was set aside.

Final Conclusion: The matter was sent back to the Tribunal for fresh decision on the application for condonation of delay after hearing both sides, and the impugned dismissal could not stand.

Ratio Decidendi: Availability of an alternative statutory remedy does not bar writ relief where the impugned order is based on a record-based error or other exceptional circumstances justifying judicial review, and such an order may be set aside and remitted for reconsideration.

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