Ladda v. M/s Deccan Express Transport Co.Pvt.Ltd & Ors.

Heard the learned Advocate for the applicant on the delay condonation application. There is delay of 334 days in preferring the appeal along with leave petition. The appeal is against the acquittal of respondent Nos. 1 to 3 in the matter of offence punishable under Section 85 (a) of the Employees State Insurance Act, 1948. Though respondent Nos. 1 to 3 are served, none for them 2 present. However, this Court has gone through the merits of the application after hearing the arguments on behalf of the applicant. It appears that the impugned order came to be passed on 28th December, 2007. However, certified copies were applied belatedly after about 19 days and those were made ready by 30th January, 2008 and collected on the same date. They were given to Bombay office of the applicant E.S.I. Corporation. Reportedly, advise of the Advocate on record was sought. With his opinion, requested papers were forwarded to the Advocate who has to prefer appeal against such acquittal and said papers were given on 13th March, 2008. Reportedly, Advocate drafted the appeal memo and sent for consideration to the Deputy Director (Legal) of E.S.I.Corporation on 20.6.2008 and approval was received on 4th August, 2008. All the chronological events are mentioned in para 2 of the application for condonation of delay. Apart from such chronology, apparently, there is no explanation as to why at each stage such late action occurred. It is also curious to note that verification of the application for condonation of delay was done in the Registry on 16th October, 2008. However, actual filing occurred on 11.2.2009. It was belated by four months without any explanation.

All the same, in the opinion of this Court, 3 there is no acceptable explanation coming from the applicant-E.S.I.Corporation for condonation of delay of 334 days and as such the present application stands