Samapti Chatterjee, J. - (1.) The affidavit of service filed by the learned Advocate for the petitioner in Court today be kept on record.
(2.) Mr. Saibal Acharyya, learned Advocate appearing for the petitioner, submits on instruction that the petitioner at this stage is not pressing prayer 'c' and prayer 'e' of the writ petition. Mr. Acharyya further submits that at present the petitioner is only concerned with rejection of Section 5 application for condonation of delay for filing the appeal vide order No. 5 dated 24th October, 2016 by the learned Tribunal. Mr. Acharyya further submits that only for few days' delay, the application for condonation of delay has been dismissed by the learned Tribunal. Mr. Acharyya further submits that for substantial justice, each and every matter should be disposed of on merits but unfortunately, in the present case, the petitioner's application for condonation of delay for filing the appeal has been rejected thereby depriving the petitioner to challenge the award before the appellate forum on merits.
(3.) Mr. Santanu Kr. Mitra, learned Advocate appearing for the State respondents, submits that the actual delay is 47 days.;