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2017 DIGILAW 1602 (GUJ)

Dilip Kanubhai Pathak v. Gujarat State Road Transport Corporation

2017-09-05

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
ORDER : R. SUBHASH REDDY, J. 1. This application is filed to condone the delay of 1648 days occurred in preferring Letters Patent Appeal aggrieved by the order dated 12.12.2012 passed by the learned Single Judge in Special Civil Application No. 22001 of 2007. 2. The Special Civil Application was filed by the applicant herein against the award dated 28.7.2004 passed by the Labour Court, Vadodara in Reference Case (LCV) No. 670/1995, whereby the Labour Court rejected the reference of the petitioner-workman. 3. In the Special Civil Application, it was the case of the applicant herein that he was working as a work charge employee and his services were terminated without following due procedure as contemplated under the provisions of the Industrial Disputes Act, 1947. The applicant herein raised the dispute against the termination before the Labour Court. The Labour Court rejected the reference. In Special Civil Application also, it was the case of the applicant herein that though he has completed 240 days in a year, the respondent has discontinued his services without following the provisions of the Industrial Disputes Act, 1947. 4. The learned Single Judge has recorded a finding that no material is produced to substantiate his plea that he has completed 240 days of service in a calender year preceding the year in which he was terminated. It was also found by the learned Single Judge that the document, which was produced at Annexure-F along with Special Civil Application, was not filed before the Labour Court. 5. In this application, to explain the delay, he has stated that after the order was passed by the learned Single Judge on 12.12.2012, he approached the Supreme Court Legal Services Committee to prefer Special Leave Petition, but same was not filed immediately. It is stated that ultimately, Special Leave Petition was numbered in the year 2016, however, same was withdrawn. It is also pleaded that subsequently he has filed an application for review seeking condonation of delay. Same was also withdrawn so as to pursue the remedy of appeal before this Court. 6. The applicant herein, aggrieved by the order dated 12.12.2012 passed in Special Civil Application No. 22001 of 2007, has made an attempt to file Special Leave Petition before the Hon'ble Supreme Court by approaching the Supreme Court Legal Services Committee. Same was also withdrawn so as to pursue the remedy of appeal before this Court. 6. The applicant herein, aggrieved by the order dated 12.12.2012 passed in Special Civil Application No. 22001 of 2007, has made an attempt to file Special Leave Petition before the Hon'ble Supreme Court by approaching the Supreme Court Legal Services Committee. Though the appeal lies under Clause 15 of Letters Patent before this Court, he approached the Supreme Court Legal Services Committee. The Special Leave petition filed by the petitioner came to be numbered in the year 2016. There is no reason for not pursuing the matter having approached the Supreme Court Legal Services Committee in the year 2013. No explanation is offered in support of his plea to explain the delay caused after approaching the Supreme Court Legal Services Committee. When the said Special Leaver Petition was numbered, same was withdrawn and subsequently, he filed review petition along with application for delay which was also withdrawn subsequently. 7. In view of the explanation, which is sought to be offered, we are of the considered view that no sufficient reasons are given to condone the abnormal delay of 1648 days occurred in preferring the Letters Patent Appeal. Merely his explanation that he approached the Supreme Court Legal Services Committee by itself is no ground to explain the inordinate delay. As we are of the view that the reasons stated do not construe sufficient reasons within the meaning of section 5 of the Indian Limitation Act, 1963, we are of the view that this application is devoid of merits and requires to be dismissed. Accordingly, this Civil Application is dismissed. Consequently, Letters Patent Appeal (Stamp) No. 1358 of 2017 also stands dismissed.