Their Workmen Represented By ... vs Employer In Relation To The ...
2023 Latest Caselaw 853 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Letters Patent Appellate Jurisdiction)

                              LPA No. 406 of 2020

Their Workmen represented by Bihar colliery Kamgar Union, through its
Secretary Suresh Prasad Gupta                              .... Appellant
                                  Versus
Employer in relation to the management North Tisra Colliery and others
                                                         .... Respondents

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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Nand Kishore Prasad Sinha, Advocate For the BCCL : Mr. Anoop Kumar Mehta, Advocate

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Order No.09/Dated: 22nd February 2023 I.A. No. 982 of 2021 This application has been filed for condonation of delay of 436 days in filing the present Letters Patent Appeal.

In the counter-affidavit, the BCCL has raised the following objections:

"7. That the statements made in para 6 and 7 is a vague and cryptic statement. The judgment was rendered by the learned Single Judge on 03.09.2019 while COVID-19 had set in in the month of March 2020 i.e. almost after 6 months. The period of filing the appeal expired on 11.10.2019 but the appeal has been filed on 20.12.2020. The appellant would therefore not be entitled to be benefit of limitation in the light of judgment dated 10.01.2022 passed by the Hon'ble Supreme Court of India in the case of Suo Motu Writ Petition (C) No.3 of 2020. The appellant has also not disclosed as to when the Union in its meeting resolved to challenge the judgment rendered by the learned Single Judge in CWJC No.378 of 2001."

Mr. Anoop Kumar Mehta, the learned counsel for the BCCL submits that the statements made in paragraph nos.9 and 10 are vague and the reasons indicated by the appellant for condonation of delay of 436 days are not at all convincing.

In an application seeking condonation of delay, the Court is required to assess the stake of the parties and the consequence if the delay in filing the Appeal is not condoned by the Court. There is an award made in favour of the workmen which has been set aside by the writ Court.

In our opinion, this fact alone is sufficient to condone the delay irrespective of the length of delay in filing the present Letters Patent Appeal. While so, we condone the delay of 436 days in filing the present Letters Patent Appeal and consequently, I.A. No. 982 of 2021 is allowed.

LPA No. 406 of 2020 On a request jointly made by the learned counsel for the parties, post this matter on 15th March 2023.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.)

RKM