The Superintending Engineer, And ... vs O.Lingam, And Another
2022 Latest Caselaw 5161 Tel

   THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                              AND

    THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                     I.A.No.1 of 2019
                          in/and
               WRIT APPEAL No. 947 of 2019


COMMON JUDGMENT:         (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Ms. A. Supriya, learned Assistant Government

Pleader for Services-II for the appellants and Ms. K. Udaya

Sri, learned counsel for respondent No.1/workman.

2. There is delay of 412 days in filing the writ appeal.

For condoning such delay, I.A. No.1 of 2019 has been filed.

3. We find that against an identical order of the

learned Single Judge, W.A.No.923 of 2019 was filed by the

appellants. There also, there was delay of 412 days for which

I.A.No.1 of 2019 was filed. By the order dated 29.07.2022, a

co-ordinate bench of this Court declined to condone the delay

of 412 days in filing the writ appeal, more so, having regard to

the decision rendered by the Labour Court as confirmed by 2 HCJ & CVBRJ W.A.No.947 of 2019

this learned Single Judge. Accordingly, the writ appeal was

dismissed.

4. Learned counsel for the parties are in agreement

that the present appeal is squarely covered by the aforesaid

order dated 29.07.2022.

5. Accordingly, I.A.No.1 of 2019 and Writ Appeal

No.947 of 2019 are dismissed. However, there shall be no

order as to costs.

6. As a sequel, miscellaneous applications pending, if

any, in this Writ Appeal, shall stand closed.

__________________________ UJJAL BHUYAN, CJ

___________________________ C.V.BHASKAR REDDY, J

Date: 17.10.2022 KL/myk