Ganpat Sampat Sirsath And Another v. The State Of Maharashtra And Another

CA934.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 934 OF 2015 IN FIRST APPEAL ST. NO. 1041 OF 2015 Manohar Eknath Sirsath ... Applicant

VERSUS

The State of Maharashtra and Anr.

... Respondents .............

Mr Pahune-Patil, Advocate for the applicant Mr S. G. Sangle, AGP for respondent/State ..............

CIVIL APPLICATION NO. 935 OF 2015 IN FIRST APPEAL ST. NO. 1039 OF 2015 CIVIL APPLICATION NO. 936 OF 2015 IN FIRST APPEAL ST. NO. 1036 OF 2015 CIVIL APPLICATION NO. 937 OF 2015 IN FIRST APPEAL ST. NO. 1034 OF 2015 CORAM :

S. V. GANGAPURWALA, J.

DATE : 21ST AUGUST, 2015.

PER COURT:

.

Heard Mr Pahune Patil, learned counsel for the applicant and Mr S. G. Sangle, learned AGP for respondent/State.

CA934.2015.odt 2.

According to learned counsel, the applicants reside in a remote village and therefore they could not get the knowledge of the judgment and award passed by reference cout. The applicants are doing labour work and their financial condition is very weak. The learned Counsel, on instructions, states that the applicants would not claim statutory benefits for the delayed period.

3.

The applicants shall file an undertaking to the effect that they would not claim statutory benefits for the delayed period. 4.

I have heard learned AGP also. He opposes the application on the ground that, no sufficient cause is stated. 5.

I have considered the submissions and the averments made in the application are not controverted by respondents by filing appeal. 6.

Considering the reasons given in the application and the bona fide shown by the applicants by undertaking to waive statutory benefits for the delayed period, the application is allowed. Delay is condoned.

7.

The Civil Application accordingly stands disposed of. [ S. V. GANGAPURWALA, J. ] sgp