JUDGMENT

S.B. Sinha, J.

The Management of Andaman Nicobar Islands Forest and Plantation Development Corporation situate in the Union Territory of Andaman and Nicobar Islands is in appeal before us from a judgment and order dated 4.7.2001 passed by a Division Bench of the Calcutta High Court in CAN No. 28 of 2001 (M.A.T. No. 12 of 2001) whereby and whereunder an application for condonation of 103 days delay in filing an appeal under Clause 15 of the Letters Patent of the Calcutta High Court was not condoned as also an order dated 10.10.2001 passed by another Bench of the said High Court refusing to review the said order.

2. Respondent No.1 to 8 herein (Respondent Workmen) were workmen working with the Appellant in their establishment. On an allegation of commission of mis-conduct of giving less outturn and instigating other workmen to slow down work and give less daily outturn they were placed under suspension by orders dated 10.10.1994 and 24.10.1994 Charge Sheets containing the articles of misbehaviour and in support thereof list of documents as well as the list of witnesses which were to be brought on records for sustaining the same were supplied to the workmen. It appears that the conditions of services of the workmen are governed by the Rules framed by the Appellant known as IFS rules.

3. The workmen despite notice did not participate in the domestic enquiry whereupon an ex-parte enquiry was conducted by the Inquiry Officer. He upon completion of the enquiry sent his report to the disciplinary authority. The disciplinary authority by an order dated 12.6.1995 directed removal of the workmen from services. Along with the orders of removal a copy of the enquiry report was also enclosed.

4. An industrial dispute was raised by the workmen culminating in a reference made by the Administrator Andaman and Nicobar Islands to the Labour Court. Andaman and Nicobar Islands by a notification dated 13.3.1997.

5. Before the Labour Court both the parties filed their respective pleadings and adduced evidences. By reason of an award dated 10.11.1998 the learned Presiding Officer, Labour Court, Andaman and Nicobar Islands in ID Case No. 1 of 1994 arrived at a finding that the said orders of removal passed against the workmen were bad in law as a copy of the enquiry report was not served upon the workmen with a second show-cause notice and consequently directed reinstatement of workmen in service with all back wages and service benefits attached thereto.

6. The learned Presiding Officer in his award dated 10.11.1998 held:

"Here in this case apart from change over of the position in I.D. Act by introduction of Section 11-A. There is glaring violation of natural justice as pointed out earlier, that is to say non compliance with the mandate of Article 311(2) of the Constitution to be specific no second show cause notice was served upon any of the eight workmen as named before giving each of them opportunity to present their defence, if any, before imposition of punishment or penalty. The principle of natural justice. Audi Alterm Partem was clearly violated and contravened. The rudimentary and fundamental principles have been clearly infringed. It is also a clear case of discrimination. The delinquent workmen were denied of their right to receive the copy of the inquiry report as well as the right of hearing before final order imposing major penalty."

7. The said order came to be questioned by the Appellant herein in a writ petition filed before the Calcutta High Court. Before a learned Single Judge of the said court a contention was raised by the Appellant herein that the it should be permitted to proceed with the disciplinary proceeding against the Respondent Workmen from the stage of service of the report of the Inquiry Officer on them. The said contention was rejected by the learned Single Judge by an order dated 20.12.2000 on the premise that the Appellant had not filed any application for adduction of additional evidence before the Labour Court. It