Executive Engineer (Pr) v. The President Officer

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI I.A.No.1 of 2018 in/and WRIT APPEAL No.779 OF 2018 COMMON ORDER: (Oral) (Per Suresh Kumar Kait, J) I.A.No.1 of 2018 is filed seeking to condone the delay of 2074 days in preferring Writ Appeal No.779 of 2018.

While explaining the delay, applicants/appellants have stated that they had no knowledge about the order passed in I.D.No.27 of 1998 and the order passed in W.P.No.1025 of 2001 passed by this Court. Fact remains that the aforementioned I.D. proceedings was filed by the 2nd respondent/workman in which the appellants participated and there were directions to reinstate the workman. Moreover, W.P.No.1025 of 2011 has been filed by the appellants against the order passed in I.D.No.27 of 1998; therefore, it cannot be said that the applicants/appellants had no knowledge about the proceedings of the aforesaid I.D., and the Writ Petition. Since there is inordinate delay of 2074 days in filing the appeal and there is no proper explanation thereto, we are not inclined to condone the delay.

I.A.No.1 of 2018 is accordingly dismissed.

Consequently, W.A.No.779 of 2018 is dismissed. Miscellaneous petitions, if any pending in the appeal, stand closed. _______________________ SURESH KUMAR KAIT, J _____________________________ ABHINAND KUMAR SHAVILI, J June 8, 2018 MRR