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2005 DIGILAW 1221 (RAJ)

Babu Lal Choubisa v. Judge Labour Court

2005-04-26

MANAK MOHTA

body2005
Judgment 1. We have heard learned Counsel for the appellant and perused the order of the learned Single Judge. 2. On the last date of hearing i.e. on 24th March, 2005 the case was adjourned on the ground that it involves the controversy with respect to intra Court appeal and a reference has been made to the larger Bench in that regard. The controversy has been concluded by the Full Bench decision of this Court in Ramesh Chandra Tiwari vs. Board of Revenue, reported in 2005(4) RDD page 615. In view of the decision of the Full Court the instant special appeal is maintainable. 3. The learned Single Judge has dismissed the writ petition without going into merit only on the ground of laches. The learned Judge has taken note of the fact that the award was made on 16.09.1999 but the writ petition was filed as late as on 010.2001. 4. It is not in dispute that the award was published in accordance with the provisions of Section 17 of the Industrial Disputes Act in April, 2000. It is submitted by the learned Counsel that he could get the certified copy of award only on 30.08.2001. In our view, the delay has been sufficiently explained. The learned Judge has committed error in dismissing the writ petition only on the ground of laches. 5. The special appeal is allowed. The order of the learned Single Judge dated 15.04.2004 is set aside. Let the matter be placed before the learned Single Judge for decision on merit.