Paradip Port Trust vs Deputy Chief Labour Commissioner ...
2023 Latest Caselaw 12641 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.P.(C) No. 13332 of 2004

            Paradip Port Trust                            ...            Petitioner
                                                         Mr. S. Sharma, Advocate
                                   -versus-
            Deputy Chief Labour Commissioner ...             Opp.Parties
            and Others
                               Mr. Dilip Mohapatra, Advocate (OP No.3)



            CORAM:
            ACTING CHIEF JUSTICE DR. B.R. SARANGI
            MR. JUSTICE M.S. SAHOO
                                           ORDER

Order No.                                 13.10.2023
            I.A. No.13635 of 2023

11. 1. The above Interlocutory Application has been filed by Opposite Party No.3 for condonation of delay in filing the application for setting aside the ex parte order dated 23.03.2023 passed in the writ petition by this Court.

2. As it appears, the judgment/order impugned has been passed on 23.03.2023, the present application for condonation of delay has been filed on 29.08.2023. Thereby, near about five months have passed from the date of the impugned judgment. Therefore, the application suffers from delay and laches.

3. In that view of the matter, this Court is not inclined to entertain the application at this belated stage, as it suffers from delay and laches in view of the judgment of this Court in the case of State of

Odisha v. Surama Manjari Das (in W.P.(C) No.15763 of 2021 dismissed on 16.07.2021), which has been confirmed by the Apex Court in SLP (C) Diary No.9259 of 2023 vide order dated 02.03.2023.

4. Accordingly, the I.A merits no consideration and the same are hereby dismissed.

I.A. No.13637 of 2023

5. This Interlocutory Application has been filed by the Opposite Party No.3 for setting aside the ex parte order dated 23.03.2023 passed in the writ petition and to rehear the matter afresh.

6. In view of the above order passed in I.A. No.13635 of 2023, the present application does not survive and it is dismissed as such.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. SAHOO) JUDGE SK Jena/Secy.

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication

Date: 17-Oct-2023 12:33:41