Tribunal Rejects Delay Excuse, Dismisses Appeal Over 1103-Day Filing Delay

The Tribunal dismissed the condonation of delay application and consequently dismissed the appeal due to the appellant's insufficient justification for the prolonged 1103-day delay in filing the appeal. The reasons provided, including an assistant leaving without notice and the managing director's absence, were deemed inadequate. The Tribunal found discrepancies in the appellant's claim of receiving the order on 27.9.2015 when it was dated 5.3.2015 and should have been received promptly.

---

---

Issues: Condonation of delay in filing appeal

Analysis:
The applicant sought condonation of a 1103-day delay in filing the appeal. The appellant claimed that they received the impugned order on 27.9.2015, but it was not brought to the management's attention as the assistant handling the matter had left without informing about the order. The appellant engaged an advocate for the appeal, assuming they would be updated, but no information was provided. The delay was attributed to these circumstances, including the managing director's absence due to a trade fair. The appellant prayed for condonation of the delay.

The department argued that the impugned order was dated 15.3.2015 and served promptly, contrary to the appellant's claim of receiving it on 27.9.2015. They contended that even after receipt, there was an unexplained delay of 1103 days in filing the appeal. The department asserted that the reasons presented indicated negligence on the appellant's part, lacking sufficient cause for condonation. The department urged for dismissal of the application.

After hearing both sides, the Tribunal noted discrepancies in the appellant's claim of receiving the order on 27.9.2015, as the order was dated 5.3.2015 and should have been received promptly. The appellant's reasons, such as the assistant leaving without notice and the managing director's absence, were deemed insufficient to justify the prolonged delay. The Tribunal found no merit in the appellant's arguments and dismissed the condonation of delay application, consequently leading to the dismissal of the appeal as well.

---