Law:

Section:

Service Tribunals Act (LXX of 1973)-------Ss. 2-A, 4 & 6---Limitation Act (IX of 1908), S.5 --- Termination of service---Abatement of proceedings---Condonation of delay---Petitioner being contract employee his service was terminated, which was challenged by him before High Court in constitutional jurisdiction---During pendency of petition before High Court, S.2-A was inserted in Service Tribunals Act, 1973---Petitioner, instead of invoking. right of appeal immediately before Service Tribunal, filed such appeal after dismissal of his petition by High Court---Service Tribunal did not condone the delay and dismissed the appeal of petitioner being time barred---Validity---High Court having no jurisdiction in such matters, on insertion of S.2-A in Service Tribunals Act, 1973, did not dispose of such cases soon after the change in law, so that the aggrieved persons could approach Service Tribunal within the statutory period provided under the law---Inaction on the part of High Court for a considerable period created confusion in the matter---On the insertion of S.2-A in Service Tribunals Act, 1973, the position in respect of abatement of service matters pending before other forums and retrospective operation of S.2-A of Service Tribunals Act, 1973, was not clear and doubt was ultimately removed by Supreme Court, therefore, question of limitation was required to be considered in each case on the basis of its own facts---Petitioner, due to misunderstanding, did not approach Service Tribunal prior to disposal of constitutional petition by High Court which would be a sufficient circumstance to bring the case within the ambit of S.5 of Limitation Act, 1908---Non-disposal of constitutional petition by an express order on its abatement by High Court within the period provided under law for filing appeal before Service Tribunal, would be an additional circumstance for condonation of delay---Petitioner was not negligent in pursuing his remedy as he filed appeal before Service Tribunal immediately on disposal of his constitutional petition by High Court---Dismissal of appeal by Service Tribunal as barred by time was not proper in circumstances---Judgment passed by Service…

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