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High Court Of ChhattisgarhWA/313/2016dismissed

Helaru v. South Eastern Coalfields Ltd.

2016-09-21Hon'Ble The Chief Justice,Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 313 of 2016 Helaru S/o Futtu Aged About 57 Years Occupation Senior Dozer Operator, Group A, R/o Bhatgaon Collery, Killen Ward No. 8, P. S. & Tahsil Bhatgaon, Civil & Revenue District Surguja Chhattisgarh. ---- Appellant

Versus

1. South Eastern Coalfields Ltd. Through Chairman-Cum Managing South Eastern Coalfields Ltd., Seepat Road, Basant Vihar, Bilaspur Chhattisgarh.

2. The Chief General Manager, Bhatgaon Area S E C L, District Surguja, Chhattisgarh.

3. The Personnel Manager, Dugga O C M Bhatgaon Area, District Surguja, Chhattisgarh

4. The Sub Area Manager, Dugga O C M Bhatgaon, District Surguja Chhattisgarh.

------Respondents For Appellant:

Shri MK Baeg, Advocate.

For Respondents:

Shri sudhir Bajpai, Advocate.

Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Deepak Gupta, Chief Justice 21/09/2016 1.

IA No.1/2016 has been filed for condonation of delay of 209 days in filing the Appeal. The only explanation given for condonation of the delay is as follows:- "That, appellant is a retired employee and on account of his old age and infirmity and also on account of his illness he could not be able to file the appeal within the stipulated period and since the appellant was taking the rest consequent to the illness and was taking the drugs according to his own knowledge and therefore after the recovery from the ailment he approached his counsel to file the appeal against the impugned order."

2.

No documents have been attached with the application either to show that the Appellant was unwell or he was having any other reason for not filing the appeal in time. The only assertion that he made was that he is an old person. It is clarified that the Appellant was born in 1957. If that be true, he is not an old person.

3.

We find no merit in the application, which is accordingly dismissed. 4.

Consequently, the instant Writ Appeal is also dismissed. Sd/- Sd/- (Deepak Gupta) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya