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2005 Supreme(Ker) 546

K.S.RADHAKRISHNAN, RAJEEV GUPTA
District Executive Officer – Appellant
Versus
Abel – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Whether the Government have got the power to condone the delay in filing an appeal beyond sixty days from the date of receipt of the order, under S.8(5) of the Kerala Motor Transport Workers Welfare Fund Act, 1985 is the question posed for consideration in these cases.

2. Writ petitioner in O.P.No.14892 of 1999 was served with the final determination order for the periods 1993-94 and 1994-95 by the District Executive Officer of the Kerala Motor Transport Workers Welfare Fund Board by registered post which was returned with the postal endorsement "addressee unclaimed”. Appeals were preferred before the Government on 8.4.1999 after a period of more, than four years against the final determination order for the year 1993-94 and after a period of more than three years against the final determination order for the year 1994-95. Contention was raised before Government that final determination orders, were wrongly and falsely returned by the postman to the District Executive Officer with the endorsement "addressee unclaimed" and therefore, appeals preferred Were liable to be entertained. Explanation was not acceptable to the appellate authority and the app


























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