United Kingdom Employment Appeal Tribunal

BAILII case number: [1996] UKEAT 675_94_2005

Appeal No. PA/675/94

EMPOLYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 20th May 1996

THE HONOURABLE MR JUSTICE MUMMERY (P)

(AS IN CHAMBERS)

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MR L CHAUDHRY          APPELLANT

HYNDBURN BOROUGH COUNCIL          RESPONDENTS

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Transcript of Proceedings

JUDGMENT

Revised


 


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APPEARANCES

NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF

THE APPELLANT OR THE RESPONDENTS


 


MR JUSTICE MUMMERY (PRESIDENT): This is an appeal against the order by the Deputy Registrar on 7th September 1994 refusing an extension of time for appealing a decision of the Industrial Tribunal. That order was made after representations by the appellant, Mr L A Chaudhry and by the respondents to the appeal, Hyndburn Borough Council.

Mr Chaudhry made an application by letter on 7th June 1995 under Rule 33 of the Employment Appeal Tribunal Rules for a review of that order. That application was refused by the Registrar as it was made out of time. The order refusing the review was dated 27th June 1995.

An appeal was then brought against that refusal and was set down for hearing today.

Mr Chaudhry has not attended. He has written letters to the tribunal which have been drawn to my attention, in which he pointed out the difficulties in attending today. He was notified of the hearing. He wrote a letter on 8th May 1996 requesting an adjournment. He said that he had had a heart attack on 6th December 1995 and that had been followed by bad cataracts in both eyes. Because of that, he had tremendous difficulty in reading and writing. His heart problem was now well under control, but he was still waiting for an operation date for the removal of the cataracts. He enclosed a medical certificate and asked that today's hearing be adjourned. He said that he would inform us when he would be operated on.

He was informed by letter of 10th May 1996 that, although the tribunal sympathised with his health problems his appeal was received long ago and had been vacated from an earlier date, 27th February 1996, at his request. He was told that the case must remain in the list for today, not before 11.30 a.m. Mr Chaudhry wrote another letter on 13th May 1996, expressing surprise that the Employment Appeal Tribunal expected him to attend the hearing when he cannot read and write, and referred again to the medical certificate. He said that he could not move around without assistance because of his very poor vision. In such a condition it was impossible for him to attend the hearing. He should, however, be able to attend after his cataracts have been removed.

He was sent a reply letter on 15th May 1996, saying that I had directed that the case should still remain in the list. It was pointed out to him that he could send a representative, a friend or a relative, if he was unable to attend himself.

The position today is that no one has attended. Mr Chaudhry has not turned up, nor has any one appeared for him. I have read the file. In my view, there are no grounds on which this appeal against the Registrar's order could succeed.

In those circumstances the order is that the appeal be dismissed.