2000 (11) TMI 1175 - AT - Central Excise

Factory Strike Justifies Late Appeal Filing: Condonation of Delay Granted

The Appellate Tribunal CEGAT, New Delhi, condoned the delay in filing the appeal by Ms. Jyoti Balasundaram due to a strike in the factory and labor ... Condonation of delay - Belated filing of appeal - Delay due to industrial strike - Exercise of discretion to condone delayCondonation of delay - Belated filing of appeal - Delay due to industrial strike - Application for condonation of delay in filing the appeal was allowed. - HELD THAT: - The appeal, due on 25-7-2000, was filed on 29-9-2000. The appellants attributed the delay to a strike at the factory from 12-7-2000, with obstruction preventing management from entering the premises; the strike was stated to have ended on 4-8-2000 and time was required to retrieve papers and prepare the appeal. After hearing the Departmental Representative, the Tribunal found the explanation satisfactory and exercised its discretion to condone the delay, allowing the application under the proviso to admit the belated appeal.Delay condoned and application for condonation of delay allowed; appeal admitted despite belated filing.Final Conclusion: The Tribunal exercised its discretion to condone the delay in filing the appeal on the stated ground of an industrial strike and obstruction to access records, and allowed the condonation application, admitting the appeal filed after the prescribed last date. The Appellate Tribunal CEGAT, New Delhi, in the case of Ms. Jyoti Balasundaram, condoned the delay in filing the appeal due to a strike in the factory and obstruction by labor. The appeal was filed after the last date, but the delay was deemed justified, and the COD application was allowed. (Citation: 2000 (11) TMI 1175 - CEGAT, New Delhi)