Appellant's Delay Appeal Dismissed: Lack of Justification

The Tribunal dismissed the appellant's application seeking condonation of delay in filing the appeal, citing willful laches and negligence on the appellant's part. The appellant's claim of discovering the impugned order late and employee's departure without notice were not deemed sufficient reasons for the delay. The Tribunal found that the appellant had knowledge of the pending appeal but failed to provide substantial evidence to justify the delay. Consequently, the Tribunal dismissed the application for condonation of delay, resulting in the dismissal of the appeal.

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Issues: Condonation of delay in filing appeal.

In this case, the appellant filed an application seeking condonation of delay of 860 days in preferring the appeal. The appellant argued that they became aware of the impugned Order-in-Appeal only during an audit in 2016, despite it being passed in 2014. The appellant claimed that an employee managing the company affairs had left without informing them about the order. The appellant also stated that the issue in appeal had been decided in their favor previously. However, the respondent opposed the application, alleging negligence and willful laches on the part of the appellant. The respondent pointed out that the impugned order had been dispatched to the appellant in 2014, and thus, the appellant should have been aware of the proceedings. After hearing both sides, the Tribunal found that the appellant was aware of the appeal pending before the First Appellate Authority. The Tribunal noted that the appellant failed to provide sufficient evidence to prove that the delay was solely due to the employee leaving without notice. The Tribunal concluded that there was willful laches and negligence on the part of the appellant in filing the appeal within the prescribed time. As a result, the miscellaneous application for condonation of delay was dismissed, leading to the dismissal of the appeal as well.

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