P.K.Chattopadhyay, J. - (1.) The petitioners herein are the employees of Calcutta Port Trust who claimed payment of overtime wages for 48 hours per week during the period from January 1968 to 30th September 1983. The petitioners though preferred the aforesaid claim before the various authorities of the Calcutta Port Trust but according to the petitioners no step was taken up by the respondent, Calcutta Port Trust Authorities for the redressal of their grievances. Accordingly, petitioners filed a claim application before the respondent No.1 claiming a total sum of Rs. 1,24,72,713/- as it was the contention of the said petitioners that the said amount was wrongfully deducted from the overtime wages of the petitioners during the period from January 1968, to 30th September 1983.
(2.) Since the aforesaid claim of the petitioners was beyond the statutory period of limitation, a prayer was also made by the petitioners for condonation of delay in filing the application before the authorities. It has been stated by the petitioners that the learned lawyer representing the petitioners before the respondent No.1 did not inform the petitioners about the date fixed by the respondent No.1 for hearing the application filed by the petitioners for deciding the issue of limitation and as such none of the petitioners could appear on the said day before the respondent No.1. Furthermore, the lawyer representing the petitioners also did not appear before the respondent No.1 without assigning any reason. Since none appeared on behalf of the petitioners at the time of hearing of the application before the respondent No.1, the prayer for condonation of delay made on behalf of the petitioners in filing the claim application was rejected.
(3.) The respondent No.1 passed an order to the following effect: ?that the case be and the same is dismissed being barred by limitation and the application is not admitted.? Challenging the validity and/or legality of the said order of the respondent No.1, the petitioners filed the present writ petition before this Court.;