Brahmananda Barik vs A.R.C.S.,Bolangir
2013 Latest Caselaw 3658 Del

                                        W.P.(C) No.11874 of 2009

05.    21.08.2013                 Heard learned counsel for the parties.

                                  This writ petition has been filed challenging the order
                    dated 03.07.2009, passed by the Cooperative Tribunal, Orissa,
                    Bhubaneswar, in Misc. Case No.146 of 2008, rejecting the
                    petitioner's application for condoning the delay in filing the service
                    dispute and accordingly dismissing S.D.13 of 2008 on the ground of
                    limitation.

                                  On perusal of the impugned order it is seen that
                    learned Tribunal has taken into consideration the fact that
                    petitioner has raised dispute 4 years 6 months and 23 days after
                    expiry of the date of limitation. Accordingly, learned Tribunal has
                    declined to condone the delay.

                                  The petitioner was dismissed from service by order
                    dated 06.06.2001, as per Annexure-3 to the writ petition, which he
                    has challenged before the learned Tribunal after lapse of 4 years 6
                    months and 23 days. Considering the grounds taken in the
                    application, learned Tribunal has declined to condone the inordinate
                    delay in filing the service dispute and has accordingly dismissed
                    S.D. No.13 of 2008 on the ground of limitation.

                                  In view of the above, I do not find any justification to
                    interfere with the impugned order.

                                  Writ petition being devoid of merit, the same is
                    accordingly dismissed.


                                                                  .............................
                                                                   S.C. Parija, J.

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