( 1 ) THIS appeal involves an interesting question that when the petition filed by the respondent Nos. 4 and 5 under article 227 of the Constitution of India has been rejected with the observation that such rejection will not prevent the said respondents to approach the appellate Tribunal within ten days from the date of rejection, then whether such a leave and liberty to the said respondents to prefer an appeal before the Tribunal would thereby condone the delay, if any, in preferring such appeal before the Appellate Tribunal, if preferred within the said period of ten days. The facts giving rise to the present question may briefly be stated as follows: in a dispute between the appellant/company and the respondents No. 4 and 5 which are the Co-operative Spinning Mill and its Managing Director, the Registrar of the Co-operative Societies in exercise of its power under the West Bengal Co-operative Societies Act, 1983 (hereinafter called as the said Act) passed an award dated 31st January, 2003. The said award was communicated in accordance with the provisions of law to the respondent nos. 4 and 5 on 14th February, 2003. The respondent Nos. 4 and 5 challenge