Gulab Chand v. South Eastern Coal Field Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2448 of 2021

1. Gulab Chand S/o Late Padum Nath Aged About 37 Years R/o Village Bhilaikhurd, Post Office Manikpur, Police Station Urga, Tahsil Korba , Civil And Revenue District Korba Chhattisgarh. ---- Petitioner

Versus

1. South Eastern Coal Field Limited Through The Managing Director , Seepat Raod Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh.

2. South Eastern Coal Field Limited Through Chief General Manager Korba, Project Kusmunda, Civil And Revenue District Korba Chhattisgarh.

3. The Manager / Divisiona Manager (Workmen) Division Kusmunda, South Eastern Coal Field Limited Korba , Project Kusmunda, Civil And Revenue District Korba Chhattisgarh.

4. The General Manager (Mining) Kusmunda Project , South Eastern Coal Field Limited, Korba Area, Civil And Revenue District Korba Chhattisgarh.

---- Respondents For Petitioner :

Shri Paras Mani Shriwas, Advocate.

For Respondents :

Shri Vinod Deshmukh, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 16.06.2021

1. Aggrieved of the order dated 30.01.2017, the present writ petition has been filed.

2. Vide the impugned order, the respondents had rejected the claim for dependent employment of the petitioner on the ground that he has crossed the upper age limit permissible for grant of employment.

3. At the outset, this Court is of the opinion that the writ petition suffers from inordinate delay laches in as much as the impugned order of

rejection of dependent employment was of January 2017 and the present writ petition has been filed after more than four years from the date of rejection of the impugned order. It was all the more required for the petitioner to approach the Court promptly for the reason that the claim of the petitioner stood rejected of having crossed the upper age limit, by efflux of time the petitioner has further added four more years to his age which is further detrimental for the purpose of consideration for dependent employment. The writ petition thus suffers from delay laches and the same deserves to be and is accordingly rejected only on the ground of delay.

Sd/- 1.

P. Sam Koshy Judge Jyotijha