Civil Application Nos. 5599 of 2010, 5600 of 2010 and 6116 to 6126 of 2010 is concerned, considering the same, it appears that by the order passed in aforesaid Special Civil Applications, the learned Single Judge simply relegated the Employer to prefer applications under Rule 26A / 26 B of the Rules with the delay condonation application. The learned Single Judge further observed that till the same are decided on merits, the amount deposited may not be disbursed. On considering the order passed by this Court passed in aforesaid Special Civil Applications, it cannot be said that the learned Single Judge directed to allow the Miscellaneous Applications submitted under Rule 26A / 26 B of the Rules and to decide the Reference on merits. On the contrary, it was specifically and made clear that as and when such an applications are preferred with delay condonation application, the Labour Court to decide the same after giving reasonable opportunity of hearing to both the parties and then to pass appropriate reasoned order in accordance with law. Therefore, as such except relegating the Employer to approach the Labour Court to prefer appropriate application under Rule 26A / 26 B of the Rules with delay condonation application, no further direction was issued, except that till such applications are decided on merits, the amount deposited may not be disbursed. Therefore, as such Labour Court was required to decide and dispose of the application under Rule 26A / 26 B of the Rules on its own merits.
