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TMI Blog2007 (10) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Department, fact finding inquiry be held to find out the person who had advised filing of such appeal. The aforesaid inquiry be completed within a period of one month from the date of receipt of copy of this order, the costs of Rs. 5,000/- shall be deducted from the pay of the employee who had advised filing of the instant appeal. - C.E.A. No. 75 of 2007, - - - Dated:- 29-10-2007 - M.M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the decision or sending it by registered post with acknowledgement due. In the event of failure to serve in the aforementioned manner then the service could be effected by affixation of a copy of the decision/order etc. on some conspicuous part of the factory or warehouse or other place of business or usual place of residence. It is further worthwhile to notice that under Section 35B(3) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered view that no interference of this Court is warranted in the discretion exercised by the Tribunal in allowing the application seeking condonation of delay of 190 days in filing the appeal. In the face of clear provision under Section 35C read with Section 35B(3) of the Act, the filing of the present appeal has to be viewed as an illustration of frivolous litigation preferred by the Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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