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Jharkhand High Court

Employers In Relation To The Management ... vs Their Workman Sarju Saw on 10 February, 2014

Author: R. Banumathi

Bench: Chief Justice, Shree Chandrashekhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI

           L.P.A. No. 238 of 2013

Employers in relation to the
Management of Pindra Colliery
under Kuju Area of M/s Central
Coalfields Limited, Ramgarh    ...    ...    Appellant
                     Vs.
 Their Workman Sarju Saw        ...   ...   Respondent
                      ------

CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
                    ------
For the Appellant   :Mr.
For the Respondent: Mr.
                    ------
Order No.7                    Dated 10th February, 2014

I.A. No. 5068 of 2013 This interlocutory application has been filed for condonation of delay of 135 days in filing the appeal. It is stated that on receipt of certified copy of the judgment dated 8.10.2012, the same was forwarded to the Legal Department of C.C.L. and after consultation with the Legal Department, C.C.L. decided to take opinion of the counsel in respect of filing of the appeal.

According to the appellant, after taking opinion of the counsel, the appeal was about to file but at that time the Court was closed for summer vacation from 18.5.2013 and when the Court re-opened after the summer vacation, the appeal was filed which caused delay of 135 days in filing the present appeal.

On behalf of the respondent-workman, a detailed counter affidavit has been filed stating that the delay in filing the appeal has not been satisfactorily explained. It is further stated in the counter affidavit that there is no bona-fide in the application.

Having regard to the reasons stated in the application filed by the appellant, the delay in filing the appeal is condoned on the payment of cost of Rs.1000/- to the respondent-workman within a period of two weeks.

I.A. No. 5068 of 2013 stands allowed.

List this matter after two weeks.

(R. Banumathi, C.J.) (Shree Chandrashekhar, J.) Sudhir/Brajesh