Central Administrative Tribunal - Delhi
Mr. Kapil Kumar Ex. Asstt. Director R ... vs Union Of India (Through Secretary) on 14 December, 2012
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.3083/2012 M.A.No.3481/2012 M.A.No.3482/2012 Friday, this the 14th day of December 2012 Honble Mr. A.K.Bhardwaj, Member (J) Mr. Kapil Kumar Ex. Asstt. Director R aged About 63 years s/o late Shri S S Tyagi Presently superannuated as Gp A Officer While posted in VRC for Handicapped at Ludhiana under Ministry of Labour & Employment DGE&T New Delhi r/o c/o Shri Prem Prakash Tyagi 39/426 Yamuna Vihar Delhi-53 ..Applicant (By Advocate: Mr. VPS Tyagi) Versus 1. Union of India (through Secretary) Ministry of Labour & Employment Shram Shakti Bhawan 1-2 Rafi Marg, New Delhi-1 2. The Director General Ministry of Labour & Employment Shram Shakti Bhawan Rafi Marg, New Delhi-1 3. The Director Employment Exchanges 3/10 Jam Nagar (DGE&T) House, New Delhi ..Respondents (By Advocate: Mr. Rajeev Kumar) O R D E R (ORAL)MA 3482/2012
The applicant has sought condonation of delay in filing MA-3481/2012 filed by him for restoration of OA-3083/2012 dismissed for default at the admission stage. As has been averred in paragraph 2 of the application, he received the copy of the order dated 17.9.2012 only on 26.11.2012 and thereafter he filed present application within ten days.
2. For the aforementioned reason, i.e., time consumed in service of order on the party, delay in filing the MA-3481/2012 for restoration of OA-3083/2012 is condoned and MA-3482/2012 is allowed.
MA 3481/20123. In this MA it is explained by the applicant that on 17.9.2012 his counsel was busy in conducting some other cases before the Honble High Court, thus could not make it convenient to appear before this Tribunal.
4. For the said reason, MA-3481/2012 for recalling the order dated 17.9.2012 is allowed and OA-3083/2012 is restored to its position.
OA 3083/20125. Heard the learned counsel for the applicant.
6. Issue notice to the respondents. Shri Rajeev Kumar, learned Senior Panel Counsel for Union of India, who is present in the Court, accepts notice on behalf of the respondents.
7. With the consent of the learned counsels appearing for the parties, the OA is disposed of with a direction to respondent No.3 Director, Employment Exchange, New Delhi to decide the representation of the applicant dated 3.2.2012 (Annexure A-1) within four weeks from the date of receipt of a copy of this order. No order as to costs.
( A.K. Bhardwaj ) Member (J) /sunil/