T.L.N.Swamy vs The Depot Manager And Another

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
       THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                    I.A.Nos.1 and 2 of 2019
                              AND
                  WRIT APPEAL No.846 of 2019

COMMON JUDGMENT:         (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appal is arising out of order dated

01.11.2012

passed in W.P.No.14138 of 2001 by the learned Single Judge.

The facts of the case reveal that in respect of cash and ticket irregularities, the appellant/writ petitioner was charge sheeted and after conducting a departmental enquiry, he was removed from service. He preferred an appeal as well as review and the same were dismissed. The employee thereafter approached the Industrial Tribunal-cum-Labour Court, Warangal by filing an application under Section 2A(2) of the Industrial Disputes Act, 1947 and the Labour Court took a lenient view in the matter and directed the employer to treat the appellant as a fresh recruit without any back wages. Thereafter, a writ petition was preferred and the learned Single Judge has dismissed the writ petition. The appellant was reinstated into service. The learned Single Judge passed the order in the writ petition declining to interfere with the award dated 01.12.1999. Against the said order, the present writ appeal was preferred with a delay of 429 days in filing 2 the writ appeal and since there were defects in the matter, the writ appeal was represented after 2071 days.

This Court has carefully gone through the affidavit filed in the matter for condonation of delay and the only reason assigned is that the writ appeal bundle was misplaced in the advocate's office. This Court is of the opinion that the reason assigned is a bald statement and therefore, does not find any reason to condone the delay in filing nor the delay in representation of the writ appeal.

Accordingly, both the applications are dismissed. As a consequence, the writ appeal also stands dismissed.

Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 29.11.2021 ES