- (1.) Delay condoned. Leave granted. On perusal of the records and on consideration of the submissions made by learned counsel for the parties, we are of the view that the Industrial Court, Bench at Bhopal should have decided the case on merit instead of dismissing the first appeal solely on the ground of delay. The delay in filing of the appeal was 52 days. The High Court also in the writ petition did not apply its mind to the case on merit but merely confirmed the judgment / order of the Industrial Court. It is our view that for the sake of proper adjudication of the dispute raised in the case and for the ends of justice the matter should be remitted to the industrial Court for disposal on merit after giving opportunity of hearing to the parties.
(2.) Accordingly, the appeal is allowed. The judgment/order of the Industrial Court, Bhopal bench, in Appeal No. 2309/mipr/92 dated april 21, 1995 and the judgment/order of the high Court confirming the same are set aside. The case is remitted to the Industrial Court for disposal on merit in accordance with law after giving opportunity of hearing to the parties.;