Delay condonation is an exception and should only be allowed on genuine reasons. Unexplained delay cannot be condoned, and discretionary powers should be exercised judiciously, with reasons recorded for condonation of delay.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: C.M.P. No. 15760 of 2016 is filed under Section 30(3) of the W.C. Act, to condone the delay of 427 days in filing the above Civil Miscellaneous Appeal, against the order dated 13.10.2014 passed in W.C. No. 36/2009 by the Deputy Commissioner of Labour-I (Commissioner for Employee’s Compensation-I), Chennai-600 006.

C.M.A. No. 47784 of 2016 is filed under Section 30 of the Workmen’s Compensation Act, against the order dated 13.10.2014 passed in W.C. No. 36/2009 by the Deputy Commissioner of Labour-I (Commissioner for Employee’s Compensation-I), Chennai- 600 006.

1. The Civil Miscellaneous Petition on hand is filed under Section 30(3) of the Workmen’s Compensation Act, to condone the delay of 427 days in filing the Civil Miscellaneous Appeal, against the order dated 13.10.2014 passed in W.C. No. 36/2009 by the Deputy Commissioner of Labour-I (Commissioner for Employee’s Compensation-I), Chennai- 600 006.

2. Perusal of the affidavit filed in support of the miscellaneous petition revels that the W.C. Award was passed on 13.10.2014 and the order copy was received by the petitioners on 05.03.2015. However, the petitioners have not filed the appeal within a reasonable period of time. Further, the reason stated is that immediately on receipt of money, the petitioners instructed their counsel in February 2016 for filing the appeal. Because of heavy flood, the office bundle mingled with disposed bundle and therefore, there is a delay of 427 days in filing the appeal.

3. In fact, the Flood in Chennai happened only during the year 2015 and not during the year 2016. More specifically, the reason that the bundle was mixed up with the other bundles, cannot be a ground to condone enormous delay in filing an appeal. If such grounds are accepted, then in every case, the enormous delay is to be condoned in a routine manner.

4. This Court is of the considered opinion that the reasons stated in the affidavit must be convincing, enabling this Court to consider the condonation of delay. Huge delay cannot be condoned in a routine manner. Law of Limitation is substantive. Condonation of delay is an exception. Only on genuine reasons, delay can be condoned by exercising the power of discretion.

5. Perusal of the affidavit shows that there is absolutely no acceptable reason for the purpose of condoning the enormous delay of 427 days in filing the appeal. The reasons stated in the affidavit must be convincing, enabling this Court to consider the condonation of delay. Huge delay cannot be condoned in a routine manner. Law of Limitation is substantive. Condonation of delay is an exception. Only on genuine reasons, delay can be condoned by exercising the power of discretion.

6. Mechanical way of condoning delay is undoubtedly impermissible. The condonation of delay can never be a mechanical affair and the High Court cannot condone the delay in a routine manner. Courts are bound to ensure that the reasons for condoning such delays are recorded, so as to set out a precedent and to avoid mechanical way of condonation of delay. When the law provides limitation for preferring an appeal and the proviso clause as contemplates the power of discretion to the Court to condone the delay, then such discretionary powers are to be exercised judiciously and by recording reasons. It is not as if, the High Courts can condone the delay in a routine manner, so as to dilute the law of limitation as contemplated under the Statutes. Thus, in all cases, where there is an enormous delay in filing an appeal, the Courts are bound to ascertain the reasons and its gentility and the acceptability of such reasons. Every litigant is expected to prefer an appeal within the period of limitation stipulated in the statute. On account of certain unavoidable reasons, if the appeal is filed with some delay, then the Courts are vested with the discretionary power to condone such a delay. Rule is to file an appeal in time and condonation is an exception, which is to