Sufficient cause shown for condonation of delay.

Natesan, J.

These writ appeals from the common order of our learned brother Srinivasan, J. on two writ petitions for certiorari arise out of proceedings before the Labour Court, Madras, under S.20 of the Minimum Wages Act, Central Act XI of 1948. The workers under two transport services, Sri Gandiban Bus Service and Sri Shanmughananda Bus Service, through the Secretary, Chingleput District Motor Workers Union, filed applications under the Minimum Wages Act asking for direction by the Labour Court for the payment of the difference in wages payable to the workers of the two bus services. There was considerable delay in filing the petitions, and applications were filed for condonation of the delay. The period for which condonation was claimed ranged from 12 to 165 months, while an application under the Act has to be made within six months of the day when the wages became due. The claim against Sri Gandiban Bus Service comes to about Rs. 2, 63, 260 and the claim against Sri Shanmughananda Bus Service comes to about to Rs. 1, 21, 755.35 workers being involved in the first case and 20 workers in the second case. The substantial ground on which condonation was claimed by the workers was that the workers were kept in ignorance of their rightful dues and that the management had failed to give publicity to the minimum wages fixed by the Act by displaying notices as required under the relevant rules. The workers claimed that, as they were ignorant of their rights and the managements themselves were responsible for keeping the ignorant, they were entitled to have the delay in making the applications to the Labour Court for the difference in wages excused. The Labour Court took the view that, though the claim of the workers related to about 10 years from 1952 to 1962, the interest of the workers involved was much, and if the averments had deliberately disregarded the provisions of the Minimum Wages Act and failed to give effect to the provisions of the Act continuously for a period of over several years. As they were at fault it was said that they could not take advantage of their own fault and use it as a ground to non-suit the workers. The Labour Court observed that it was the duty of the managements to display notices and inform the workers of the rates fixed under the Minimum Wages Notifications. Remarking that not only the two bus service in question but other services in the State had failed to implement the provisions of the Minimum Wages Act it considered it proper that the question of non-compliance with the provisions of the Act should be enquired into in full and not shelved for the reason that the petitions were belated. The management had opposed the petitions for condonation of the delay inter alia on the ground that the applicants were bound to explain the delay running to nearly ten years and the explanation submitted of ignorance of their rights would not avail them. The managements pointed out that it was only in August 1961, workers moved the matter raising through the Chingleput District Motor Workers Union an industrial dispute, but the Union had been started on April 10, 1959 itself with Sri K. Veeraragava Reddy, Advocate of Chingleput, as Vice President and Sri M. A. Wahid, Journalist, as Secretary and that it could not be pleaded that with an Advocate as Vice President and an experienced labour leader Sri M. A. Wahid as Secretary, the workers were not aware of their rights or were prevented by fear of dismissal from ascertaining their rights till August 1961. After initiating the claim as an industrial dispute in August 1961 the Union did not press the question reserving its right to raise it in the appropriate forum for relief. The applications in question were preferred only in March, 1962.

2. It is the condonation of the delay overruling the objections of the managements that led to the managements coming to this Court for relief by way of writ of certiorari. The excuse put forward for the delay is alle