Allahabad High Court
M.D., Pradeshik Co-Operative Dairy ... vs Ram Khelawan Shukla And Anr. on 5 July, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 221 of 2021 Appellant :- M.D., Pradeshik Co-Operative Dairy Federation Ltd. Lucknow Respondent :- Ram Khelawan Shukla And Anr. Counsel for Appellant :- Lalit Shukla Counsel for Respondent :- Pradeep Kumar Tripathi,Ashutosh Singh Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
Order on C.M. Application No.71794 of 2021-Application for Condonation of Delay in filing Special Appeal The case is taken up through Video Conferencing.
Heard.
The special appeal has been filed challenging the impugned order dated 11.2.2021 passed by the learned Single Judge in Writ Petition No.2811 (S/S) of 2021 (Ram Khelawan Shukla Vs. M.D. Pradeshik Cooperative Dairy Federation Ltd & others). The appeal has been filed with a reported delay of 104 days as on 1.7.2021. The appeal is accompanied with the application for condonation of delay. Cause shown in the affidavit filed in support of the application for condonation of delay is sufficient. Even otherwise considering the Apex Court's order dated 27.04.2021, passed in Misc. Application No.665 of 2021 in SMW (C) No.3 of 2020; Cognizance for Extension of Limitation Vs. XXXX, we find it appropriate to condone the delay.
Application for condonation of delay is accordingly allowed. Delay in filing of special appeal is condoned.
Order on Memo of Special Appeal Heard Mr. Lalit Shukla, learned counsel for the appellant and Mr. Pradeep Kumar Tripathi, learned counsel for respondent No.1 and Mr. Ashutosh Singh, learned counsel for respondent No.2.
Now with the consent of parties counsel, we proceed to decide the appeal finally.
The instant appeal has been filed challenging the order dated 11.2.2021 passed in Writ Petition No.2811 (S/S) of 2021 (Ram Khelawan Shukla Vs. M.D. Pradeshik Cooperative Dairy Federation Ltd & others) wherein the learned Single Judge has disposed of the writ petition at the admission stage recording the admission of learned counsel for the appellant (respondent before the writ court) that the respondent No.1/petitoner is entitled to get admissible dues but due to financial crunch such payment has not been made well in time. It has also been recorded by the learned Single Judge that the appellant (respondent before the writ court) had sought time to make payment of dues to the respondent no.1/petitioner. It was informed to the writ court by learned counsel for the appellant that they have requested the State Government for release of funds in this regard which has not been made available.
Learned Single Judge has opined that the excuse of financial crunch cannot be a ground for non-payment of admissible dues to an employee and the appellant shall act with promptness in making such payment. Learned Single Judge has granted two months' time to make the payment of dues to the respondent no.1/petitioner failing which the respondent no.1/petitioner shall be entitled for interest @ 6% from the date it becomes due to the date the actual payment is made.
After arguing the matter at some length, Mr. Lalit Shukla, learned counsel for the appellant makes a statement that the admissible dues of the respondent No.1/petitioner shall be paid to him in next two months, however for the period of two months they shall not be saddled with interest. Learned counsel appearing for respondent no.1/petitioner has very fairly agreed for the payment of admissible dues to be made to him within next two months, however without interest.
As such, the Special Appeal is disposed of with the observation that the appellant shall make payment of admissible dues of respondent No.1/petitioner within next two months from today, however in case they fail to make the payment as noted above, the respondent No.1/petitioner shall be entitled to claim interest @ 6% on such dues from the date it becomes due till the actual payment is made, as has been directed by the learned Single Judge.
Order Date :- 5.7.2021 Arjun/-
(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.)