High Court Of ChhattisgarhWPS/1056/2019dismissed

Vishwanath Das v. South Eastern Coal Field Limited

2019-02-18Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1056 of 2019 Vishwanath Das S/o Late Dhuran Das Aged About 45 Years R/o R-3 Khadan, N.C.P.H. Colliery Chirmiri, Area District Koriya Chhattisgarh. Present Address - Udaypur, Sarguja District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. South Eastern Coal Field Limited Through Chairman Cum Managing Director, Head Office, Seepat Road, Bilaspur, Revenue And Civil District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

2. South Eastern Coal Field Limited Through Chief General Manager (N.C.P.H. Colliery), Chirmiri, Tehsil - Khadgawa, Revenue And Civil District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

3. Sub Area Manager (N.C.P.H. Colliery), Chirmiri, Tehsil Khadgawa, Revenue And Civil District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

4. Regional Personnel Manager S.E.C.L. (N.C.P.H. Colliery), Chirmiri, Tehsil - Khadgawan, Revenue And Civil District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

5. The Manager (Mines) (N.C.P.H. Colliery). S.E.C.L. Chirmiri, Tehsil - Khadgawa, Revenue And Civil District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondents For Petitioner :

Mr. Rishi Sahu, Advocate.

For Respondent :

Mr. Vinod Deshmukh, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/02/2019

1. Perusal of the records available and also documents which was produced by the petitioner, it reflects that the services of the petitioner stood dismissed vide order dated 26/03/1993.

2. The said fact would show that the present writ petition now has been filed after more than 25 years from the date of dismissal.

3. Given the said facts this Court is of the opinion that present writ petition suffers from delay and latches and same would not be maintainable before the High Court invoking extra ordinary

jurisdiction under Article 226 of Constitution of India. So far as deciding of the appeal is concerned, this Court finds that there is already an order passed in favour of the petitioner in WPS No. 3389/2018 decided on 27/02/2018.

4. The writ petition accordingly stands dismissed on the ground of delay and latches.

Sd/- (P. Sam Koshy) Judge Rohit