IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 4291 of 2007 DATE OF DECISION : 05.02.2008 M/s Patcon Thermal (P) Ltd. .... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Vijay Pal, Advocate, for the petitioner. Mr. Narender Sura, AAG, Haryana. Mr. Rajiv Sharma, Advocate, for respondent No.6. * * * SATISH KUMAR MITTAL , J. (Oral) The petitioner has filed this petition under Articles 226/227 of the Constitution of India for quashing the order dated 8.6.2006, passed by the Director of Industries & Commerce, Haryana, dismissing the appeal filed by the petitioner against the decision of the Lower Level Screening Committee (hereinafter referred to as `the LLSC') being barred by limitation. In the impugned order, it has been observed that the appeal against the decision of the LLSC should have been filed within 30 days, whereas the petitioner has actually filed the appeal late by 4 months and 27 days. CWP No. 4291 of 2007 -2- After hearing counsel for the parties and perusing the record, it is revealed that before the LLSC, the petitioner company could not be heard, because the intimation letter sent to it on the earlier address was not received by it. Therefore, the petitioner company also could not come to know about the decision taken by the LLSC. When the petitioner company came to know about the said decision, immediately the appeal was filed with a prayer for condoning the delay on the ground that there was strike in the factory of the petitioner company. Though the petitioner moved application for condonation of delay in filing the appeal, the same was not properly considered, as is clear from the impugned order. After taking into consideration the aforesaid facts and the fact that delay in filing the appeal should be liberally condoned, we are of the opinion that the impugned order is not sustainable. Therefore, this writ petition is allowed; the impugned order dated 8.6.2006, passed by the Director of Industries & Commerce, Haryana, is set aside; and the matter is remitted to the High Level Screening Committee to consider the appeal filed by the petitioner on merits in accordance with law and to decide the same within a period of three months. Both the parties are directed to appear before the High Level Screening Committee on February 20, 2008. ( SATISH KUMAR MITTAL ) JUDGE February 05, 2008 ( RAKESH KUMAR GARG ) ndj JUDGE