Hon’ble Mrs. Soma Bhattacharjee, Presiding Member

          Ld. Counsels for the Appellant and Respondent Nos.1 & 2 are present.

          Today is fixed for hearing of petition on condonation of delay.

          Final Order of the President, DCDRC, Kolkata Unit–III was passed on 24.03.2022 in CC/533/2018. The First Appeal being No. A/113/2023 was filed before the WBSCDRC on 30.03.2023. There appears to be a delay of 326 days. The contention of the Ld. Advocate for the Appellant is that although the final order was passed on 24.03.2022 by DCDRC, Kolkata Unit-III, the Appellant failed to contact his Advocate Mr. Pritam Ghosh, as he was affected with COVID 19 and was completely bedridden. They were able to contact him on 14.03.2023 and requested him to prepare the application of appeal. Thereafter the appeal was filed on 30.03.2023.

Heard the submission of the Ld. Lawyer for the Respondent Nos.1 & 2. She submitted that there is no explanation for day to day delay for the entire period from 24.03.2022 to 14.03.2023. Moreover, no documents regarding the severe illness of the Lawyer Mr. Pritam Ghosh have been annexed with the petition of condonation of delay.

Heard and considered the submission of both sides. In this matter there seems to be an inordinate delay of about 326 days.

In a case reported in 11(2014) CPJ570 (NC) – (Regional Provident Fund Commissioner vs. S. Shiva Shankar Rao) the Hon’ble NCDRC held that in the cases where day to day delay was not explained, the cases are barred by limitation.

Hon’ble Supreme Court has held in a case reported in 2022 Livelaw (SC) 430 – (State of UP vs. Satish Chand Shivhare) that once an appeal is found to be barred by limitation, there can be no question of obligation of the Court to consider the merits of the appeal.

Accordingly, A/113/2023 stands dismissed being barred by limitation. There shall be no order as to the costs.

Let a copy of this order be sent to the Ld. DCDRC, Kolkata Unit–III.

The Appeal A/113/2023 is thus disposed of.