T.L.N.Swamy vs The Depot Manager And Another
2021 Latest Caselaw 3827 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
       THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                    I.A.Nos.1 and 2 of 2019
                              AND
                  WRIT APPEAL No.846 of 2019

COMMON JUDGMENT:         (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appal is arising out of order dated

01.11.2012

passed in W.P.No.14138 of 2001 by the learned

Single Judge.

The facts of the case reveal that in respect of cash and

ticket irregularities, the appellant/writ petitioner was charge

sheeted and after conducting a departmental enquiry, he was

removed from service. He preferred an appeal as well as

review and the same were dismissed. The employee thereafter

approached the Industrial Tribunal-cum-Labour Court,

Warangal by filing an application under Section 2A(2) of the

Industrial Disputes Act, 1947 and the Labour Court took a

lenient view in the matter and directed the employer to treat

the appellant as a fresh recruit without any back wages.

Thereafter, a writ petition was preferred and the learned

Single Judge has dismissed the writ petition. The appellant

was reinstated into service. The learned Single Judge passed

the order in the writ petition declining to interfere with the

award dated 01.12.1999. Against the said order, the present

writ appeal was preferred with a delay of 429 days in filing

the writ appeal and since there were defects in the matter, the

writ appeal was represented after 2071 days.

This Court has carefully gone through the affidavit filed

in the matter for condonation of delay and the only reason

assigned is that the writ appeal bundle was misplaced in the

advocate's office. This Court is of the opinion that the reason

assigned is a bald statement and therefore, does not find any

reason to condone the delay in filing nor the delay in

representation of the writ appeal.

Accordingly, both the applications are dismissed. As a

consequence, the writ appeal also stands dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J

29.11.2021 ES