Patna High Court
The Bihar State Electronics ... vs Mahendra Mohan Roy on 22 June, 2016
Author: Hemant Gupta
Bench: Hemant Gupta, Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.310 of 2015
Arising out of
Civil Writ Jurisdiction Case No. 2144 of 2008
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1. The Bihar State Electronics Development Corporation, through its Managing
Director, Beltron Bhawan, Shashtri Nagar, Patna-23.
2. The Managing Director, Bihar State Electronics Development Corporation,
Beltron Bhawan, Shashtri Nagar, Patna-23
.... .... Appellants
Versus
Mahendra Mohan Roy, Son of Late Devendra Roy, Resident of Village-Tilkaitpur,
P.O.-Newra, P.S.-Bihta, District-Patna.
.... .... Respondent
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Appearance :
For the Appellants : Mr. P.K. Shahi, Sr.Advocate.
Mr. Girijish Kumar, Advocate.
For the Respondent : Mr. Sunil Kumar Singh, Advocate.
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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 22-06-2016 Re.:I.A. No. 1412 of 2015 The application is for condonation of delay of 85 days in filing the Letters Patent Appeal.
2. For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay of 85 days in filing the present Patna High Court LPA No.310 of 2015 dt.22-06-2016 2 /3 Letters Patent Appeal.
3. Consequently, Interlocutory Application No. 1412 of 2015 is allowed and delay of 85 days in filing the Letters Patent Appeal is condoned.
Re.: L.P.A. No. 310 of 2015
The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court in C.W.J.C. No. 2144 of 2008, whereby the appellant has been directed to pay emoluments for the period August, 1998 till date to the writ- petitioner.
2. It appears that the writ-petitioner raised an Industrial dispute disputing his termination of services. The termination order was held to be invalid vide Award dated 12th of August, 1991. The writ-petitioner was entitled to the back wages and other consequential benefits. It is the said Award which has been directed to be complied with by the appellant. Since the right of the respondent was crystallized with the Award, the appellant is bound to comply with the directions contained therein.
3. In view thereof, we do not find any error in the order passed by the learned Single Bench which may warrant interference in the present Letters Patent Appeal.
4. The Letters Patent Appeal is, thus, dismissed. Patna High Court LPA No.310 of 2015 dt.22-06-2016 3 /3
5. With the disposal of this Letters Patent Appeal, the other Interlocutory Applications stand dismissed as having become infructuous.
(Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P./Anjani N.A.F.R. U