Condonation of delay in statutory appeal allowed after limited delay, with the matter remanded for decision on merits.

The writ court interfered where a statutory appeal had been rejected solely for being filed 36 days beyond limitation. Accepting the explanation that the appeal was filed after knowledge of the original order, the court found it appropriate to condone the delay and restore the matter for consideration on merits. The appellate authority was directed to hear the appeal afresh, so the limitation objection did not defeat substantive adjudication.

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Issues: Whether the delay in filing the statutory appeal could be condoned and the matter remanded for decision on merits under writ jurisdiction.

Analysis: The appeal had been dismissed solely on the ground of delay beyond the statutory limitation period. The Court noted that the delay was only of 36 days beyond the prescribed period and that the petitioner had explained that the appeal was filed after knowledge of the original order. In similar circumstances, the Court followed its earlier approach and found it appropriate to interfere with the impugned order, condone the delay, and direct the appellate authority to hear the appeal on merits.

Conclusion: The delay was condoned and the matter was remanded for disposal of the appeal on merits, in favour of the petitioner.

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