Appellate Authority has power to condone delay even in the absence of a separate petition for condonation.

The Order of the Court was as follows :

Madras Atomic Power Project Employees Consumers Co-operative Stores Limited is the petitioner in both the writ petitions. W.P. No. 2050 of 1994 is directed against the proceedings of the first respondent in T.S.C. No. 21 of 1992 dated May 31, 1993 while W.P. No. 4459 of 1996 filed by the very same petitioner is against the consequential order in C.P. No. 190 of 1994 on the file of the Labour Court, Madras.

The case of the petitioner-Management is briefly stated hereunder : W.P. No. 2050 of 1994 is preferred against the order of reinstatement of the second respondent made by the first respondent in T.S.C. No. 21 of 1992 dated May 31, 1993. The same was ordered in the appeal preferred by the second respondent against the order of termination dated July 6, 1991 made by the petitioner after having found that he misappropriated a sum of Rs. 15, 000 belonging to the petitioner. The second respondent who was working as Assistant Manager at the Stores of the petitioner admitted his guilt before the Board of Directors took time to pay the same and gave a bearer cheque for Rs. 15, 000 on July 1, 1991. Hence, he was terminated with one month salary in lieu of notice. The second respondent challenged the same initially by filing a suit on July 10, 1991 before the District Munsifs Court, Chingleput in O.S. No. 224 of 1991. After some time, he has filed T.S.C. No. 21 of 1992 under the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as "the Shops Act") before the first respondent. This appeal was filed on June 30, 1992 against the orders of termination dated July 6, 1991 with a delay of about one year under Sec. 41 of the Shops Act. The first respondent entertained the appeal by condoning the delay on the ground that the appellant was pursuing his remedy in a wrong forum. The first respondent allowed the appeal stating that no oral enquiry was conducted so as to terminate the services of the second respondent. Against the said order, having no other effective remedy, the petitioner has filed the present writ petition on various grounds.Based on the order in T.S.C. No. 21 of 1992, the second respondent has filed C.P. No. 190 of 1994 before the Principal Labour Court, Madras claiming a sum of Rs. 93, 463.05 under Section 33-C(2) of the Industrial Disputes Act. Since the petitioner-management has filed W.P. No. 2050 of 1994 challenging the order passed by the Deputy Commissioner of Labour (Appellate Authority under the Shops Act) in T.S.C. No. 21 of 1992 dated May 31, 1993, the petitioner in W.P. No. 4459 of 1996 has prayed for issuance of mandamus for bearing the Principal Labour Court from proceeding further with the claim petition in C.P. No. 190 of 1994.

The second respondent has filed a counter-affidavit in W.P. No. 2050 of 1994 wherein it is stated that against the order of termination passed by the petitioner herein, on legal advice, he had filed an original suit before the District Munsif, Chingleput. After realising his mistake, he arranged to have the suit withdrawn and preferred an appeal under the Shops Act before the Deputy Commissioner of Labour (Appeals), Madras-6. He also filed an application to condone the delay in filing the appeal explaining the reason for the delay. By the impugned order, the first respondent set aside the order dated July 6, 1991 passed by the petitioner herein dismissing him from service. Since he was not given sufficient opportunity to explain his defence, nor any charge was filed and enquiry was conducted, the first respondent herein rightly set aside the order of termination. The order passed by the first respondent does not suffer any infirmity as claimed by the petitioner-management in the light of the above pleadings, I have heard the learned counsel for the petitioner and the second respondent in both cases as well as learned Government Advocate for first respondent in W.P. No. 2050 of 1994.Mr. N. Jothi, learned counsel for the