Labour Law- Application for Condonation and leave to file an out of time Appeal against a portion judgment of the Industrial Court on account of a patent error; Contemplated appeal arising in respect of an order made pursuant to a declaration of certain conduct of the Respondent in unilaterally placing of the Applicant on unpaid leave as constituting unfair' labour practice; Court in effect finding the respondent liable to compensate the applicant for the duration of the period covering the said constructive leave between time of special appointment of the Applicant to the Senate to date ofvoluntary exit in terms of voluntary retirement agreement; Period co-extensive with applicants tenure of employment with the respondent; Despite finding for the applicant on the merits court a.quo awarding limited quantum in compensation for a period of four months covering actual period when the applicant actively reported and presented himself for service; Held applicants application for leave holding good prospects of success in principle; Held that Industrial Court of Appeal lacks power to grant condonation upon properinterpretation of the peremptory provisions of section 19 of the Industrial Relations Act of 2000;. Held statutory provisions prevail and take precedence over the permissive conflicting provisions of Rules 8 and 9 of the Industrial Court of Appeal Rules, 1997; Application dismissed withno order as to Costs.
