A division bench of Justice A.J. Desai and Nisha M. Thakore of Gujarat HC dismissed the letters patent appeal as the court observed that the present applicant had remained silent and filed the appeal only on 17.12.2021 i.e. after more than 10 years from the date of dismissal of the appeals.
In view of this court, the reason put forth that the applicant was contesting other proceedings cannot be treated as sufficient cause in view of the mentioned facts.
Facts:
The applicant by way of the present application under Section 5 of the Limitation Act had requested to condone the delay of 3478 days caused in filing Letters Patent Appeal by which the applicant had requested to quash and set aside the judgment and order dated 21.10.2010 passed by learned Single Judge in Special Civil Application No.5439 of 2002. Learned advocate for the applicant submitted that Labour Court, Kalol partly allowed the reference filed by the applicant by judgment and award dated 27.5.1999 in T. Application No.11 of 1986 and directed the respondent to reinstate the applicant with 35% back wages. The said award came to be confirmed by the Industrial Tribunal vide judgment and order dated 4.4.2002 in Appeal (IC) No.62 of 2001.
Against the said orders, respondent had preferred Special Civil Application No.6175 of 2002 and the applicant herein had preferred Special Civil Application No.5439 of 2002. The respondent - Management also preferred Special Civil Application No.3841 of 2000 challenging the order dated 27.5.1999 passed by Labour Court, Kalol in T. Application No.11 of 1986 passed below Exh.74 by which both the Courts below had held that the departmental inquiry is illegal and in breach of principles of natural justice and directed the Management to prove the charge by leading evidence before the Labour Court.
The said writ petitions were heard together and learned Single Judge by common oral order dated 21.10.2010 had been pleased to dismiss both the writ petitions. He further submitted that there are sufficient reasons to condone the delay since the applicant was contesting other proceedings which were filed before different Courts and, therefore, delay may be condoned.
Observations of the Court
This Court observed that it was an undisputed fact that the writ petitions filed by the applicant and the respondent Management were heard together and by common oral order dated 21.10.2010, the said petitions were dismissed. The Management challenged the order of learned Single Judge by preferring Letters Patent Appeal No.3073 of 2010 and 3074 of 2010 wherein the applicant was party. The said appeals were dismissed by order dated 8.3.2011.
In the opinion of this court, the applicant was aware about the common order passed by learned Single Judge in the writ petitions and hence, he should have also filed his cross appeal along with the two appeals which were filed by the respondent Management.
Even after dismissal of appeals on 8.3.2011, the applicant had remained silent and filed the appeal only on 17.12.2021 i.e. after more than 10 years from the date of dismissal of the appeals. Therefore, this court held that the reason put forth by learned advocate Mr. Rana that the applicant was contesting other proceedings cannot be treated as sufficient cause in view of the aforesaid facts. Hence, the present application stands dismissed.
Decision:
The present application was dismissed as the court held that contesting in other proceedings is not a sufficient cause to condone the delay of 10 years.
Case: Bhagwanbhai Revabhai Patel vs Mehsana Dist Central Co Operative Bank Ltd
Citation: R/CIVIL APPLICATION NO.1885 of 2022 In F/LETTERS PATENT APPEAL NO.30840 of 2021
Coram: Justice A.J. Desai and Nisha M. Thakore
Dated: 23.11.2022
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