Tribunal grants appeal after delay due to employee's medical condition

The Tribunal allowed the condonation of a 178-day delay in filing the appeal due to the appellant's Class D employee's medical condition causing memory loss. Despite the respondent's objections, the Tribunal found the delay non-deliberate and granted the appeal. The appellant was required to pay a cost of Rs. 10,000 as a condition for the delay to be condoned, with a compliance report deadline set for six weeks from the judgment date.

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Issues: Condonation of delay in filing the appeal.

Condonation of Delay:
The appellant sought condonation of a 178-day delay in filing the appeal, attributing it to a Class D employee's medical condition causing memory loss. The employee received the order but misplaced it due to his medical situation, leading to the delay. The appellant, a Board under the Coffee Act of 1942, claimed no benefit from the delay and cited a relevant legal precedent. The respondent contested the delay as inordinate. The Tribunal, after evaluating both parties' submissions, concluded that the delay was not deliberate or intentional. The Tribunal decided to condone the delay, subject to the appellant paying a cost of Rs. 10,000. A compliance report on the cost was required within six weeks from the judgment date.

Conclusion:
The Tribunal, comprising Shri S.S Garg and Shri Ashok K. Arya, allowed the condonation of delay in filing the appeal due to the employee's medical condition causing memory loss, despite the respondent's objections. The appellant's lack of benefit from the delay and the non-deliberate nature of the delay influenced the Tribunal's decision. The appellant was directed to pay a cost of Rs. 10,000 as a condition for condoning the delay, with a compliance report deadline set for six weeks from the judgment date.

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