Director, Employee State ... vs Om Babu
2021 Latest Caselaw 283 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1291 of 2020
 

 
Appellant :- Director, Employee State Insurance Scheme And 2 Others
 
Respondent :- Om Babu
 
Counsel for Appellant :- Rakesh Kumar Shukla
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Heard on the application under Section 5 of the Limitation Act.

There is delay of almost 23 years in filing the appeal to challenge the judgment dated 09.12.1997. The delay has not been explained properly though orally it has been stated that the officer concerned did not bring to the notice of the superior officer the final order passed by this Court on 09.12.1997.

The fact aforesaid cannot be accepted and even if a default exist, it is not curable. It is more so when according to the appellants themselves a letter was written on 15.03.2018 for taking action in the matter in furtherance to the judgment dated 09.12.1997. Even after the aforesaid, appeal was not preferred within the reasonable time rather it was filed thereupon in the year 2020 with lapse of almost two years even after knowing it fully about the judgment and for action thereupon. The administrative lapse, if any, in such a case would not be sufficient to condone the delay. The issue is now squarely covered by judgment of Apex Court in Special Leave Petition (Civil) Diary No.971 of 2020 (State of Uttar Pradesh & Anr. vs. Prem Chandra) decided on 27.11.2020.

Accordingly, we find no reason to condone the delay of 23 years in filing the appeal.

The application is accordingly dismissed.

In the result, appeal stands dismissed.

Order Date :- 6.1.2021

V.S.Singh