-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1863 OF 2008 Sunderlal Laxman Mahyaanshi : Petitioner V/s. Appellate Authority under the Payment of Gratuity Act, 1972 & Ors. : Respondents ... Mr.P.M.Patel for the petitioner. Ms Vasanti Kundar with Mr.V.M.Parkar for the respondents. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 09, 2008. P.C. 1. Rule, returnable forthwith. Ms Vasanti Kundar waives service for the respondents. Heard by consent. 2. This petition is directed against the order of the Appellate Authority refusing to condone the delay of a period of about 30 days in filing the appeal. 3. It is obvious from the application for condonation of delay and the order that the main reason advanced by the -: 2 :- petitioner, viz., that he had given his papers to the Advocate, but the Advocate failed to prepare the appeal in time, has not been considered. The Appellate Authority has merely observed that there is no sufficient cause. The reason why the petitioner asked for condonation of delay and the Appellate Authority’s views on the reason given by the petitioner ought to have been apparent from the order itself. 4. Moreover, the Appellate Authority has committed a serious error in observing that the order of the Controlling Authority from which the appeal was filed was per incuriam and contrary to the judgement of the Supreme Court. If the Appellate Authority had refused to condone the delay, there was no occasion for it to comment on the merits of the order. Having regard to these circumstances, it is appropriate in the interest of justice to set aside the impugned order. 5. Accordingly, the impugned order is set aside. The matter is remanded back to the Appellate Authority for a fresh decision, in accordance with law. The parties are at liberty to file additional affidavits as may be advised. The Appellate Authority shall decide the application for condonation of delay not later than 30 days from the date the parties appear before it. The -: 3 :- parties are directed to appear before the Appellate Authority on 18.9.2008. 6. The rule is made absolute in the aforesaid terms. S.A. BOBDE, J.