Harish Tandon, J. - (1.) It is not in dispute that the West Bengal Cooperative Tribunal is an Appellate Authority against an award passed by the Arbitrator under the West Bengal Co -operative Societies Act. It is also not in dispute that the Act gives power to the Tribunal to condone the delay, if an appeal challenging the award is filed after the expiration of the statutory period.
(2.) The source of power to condone the delay is eminent in the statutory provision and, therefore, it is a duty of the Tribunal to consider the said application on the basis of the averments made therein.
(3.) The award is passed in Dispute Case No. 5/RCS of 2012 on 16th October, 2012. The petitioner herein challenged the said award in an application under Article 226 of the Constitution of India before this Court, which was registered as AST 173 of 2013.;