Ajaib Singh vs Sirhind Coop. ... on 8 April, 1999
6. We have carefully considered the contentions raised by the learned Counsel for the petitioner. We have also perused the aforementioned decision. We do not find that any general principle as contended by the learned Counsel for the petitioner has been laid down in that decision. The decision was rendered on the facts and circumstances of the case particularly the fact that the plea of delay was not taken by the management in the proceeding before the Tribunal. In the case on hand the plea of delay was raised and was accepted by the Tribunal. Therefore, the decision cited is of little help in the present case. Whether relief to the workman should be denied on the ground of delay or it should be appropriately moulded is at the discretion of the Tribunal depending on the facts and circumstances of the case. No doubt the discretion is to be exercised judicially. The High Court on consideration of the matter held that there was no ground to interfere with the discretion exercised by the Tribunal. We are not satisfied that the award of the Tribunal declining relief to the petitioner, which was confirmed by the High Court suffered from any serious illegality which warrants interference by this Court. Accordingly the special leave petition is dismissed.