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High Court of Punjab and HaryanaLPA/1490/2017dismissed

Mangat Rai v. Presiding Officer Labour Court & ORS

2018-07-09Mr. Justice Augustine George Masih,Mr. Justice Gurmeet Singh Sandhawalia2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-1490-2017 (O&M) Date of decision:- 09.07.2018 Mangat Rai ...Appellant

Versus

Presiding Officer, Labour Court, Amritsar and another

...Respondents

CORAM: HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI Present:- Ms. Alka Chatrath, Advocate, for the appellant.

* * * * KRISHNA MURARI, C.J. (ORAL) Heard learned counsel for the appellant.

This intra-court appeal under clause X of the Letters Patent has been filed challenging the judgment and order dated 20.03.2015 passed by the learned Single Judge dismissing the writ petition filed by the petitioner-appellant. 2.

The petitioner-appellant approached this Court challenging the award made by the Labour Court, Amritsar dated 31.03.2003. The petition was filed on 01.12.2011. The learned Single Judge finding that there was an inordinate delay of eight years in approaching the Court without there being any explanation for delay dismissed the same on the ground of delay and latches. The appeal has been filed in 2017. Again, there is a delay of about 786 days in re-filing this appeal. We do not find any plausible explanation set out by the petitionerappellant in the affidavit filed in support of the said application.

Amodh Sharma 2018.07.10 10:17 I attest to the accuracy and integrity of this document Chandigarh

LPA-1490-2017(O&M) 3.

Since there is no good ground to condone the delay, we are not inclined to interfere in the matter and the delay condonation application stands dismissed. Accordingly, the appeal also stands dismissed on account of delay and latches. (KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 09.07.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2018.07.10 10:17 I attest to the accuracy and integrity of this document Chandigarh