Syed Mushtaq Ali S/o Shri Shaukat Ali v. General Manager (Mukhya Prabandhak)
2017-10-30
GOVIND MATHUR, VINIT KUMAR MATHUR
body2017
DigiLaw.ai
JUDGMENT : 1. Learned Single Bench dismissed the petition for writ being suffered by unexplained delay of 10 years. 2. In brief, factual matrix of the case is that appointment was accorded to the appellant as Conductor by the Rajasthan State Road Transport Corporation under an order dated 29.09.1982 The appointment was purely on contractual basis for a period of 30 days, however, he was allowed to continue in service but was terminated on 27.12.1983 due to violation of some service condition during the period of probation. An appeal preferred by the appellant came to be dismissed on 17.07.1984 The appellant was subsequently re-employed on 20.07.1984 and was again discontinued from service on 07.02.1985 At the first instance, the appellant preferred a civil suit before the court of learned Additional Muncif No. 2, Jaipur City that came to be withdrawn being lacking jurisdiction. An industrial dispute before the Conciliation Officer then was raised which was referred for its adjudication by the appropriate Government somewhere in the year 1990. By an award dated 22.12.2004 the Labour Court answered the reference in the terms that no illegality was there in terminating the appellant from service. To challenge the award passed by the Labour Court, Udaipur a petition for writ was filed on 16.09.2014 Learned Single Bench further examining facts arrived at the conclusion that no adequate explanation is given by the appellant for invoking from approaching the writ court and as such, the delay is fatal. Being aggrieved by the same, the instant appeal is preferred. 3. In appeal, the only argument advanced by counsel for the appellant is that the delay in filing the writ petition should have been computed from the date of the publication of award as per Section 17 and not from the date the award was passed by the Labour Court. On asking, learned counsel failed to point out any date, on which, such notification was made by the appropriate Government. Be that as it may, in normal course an award would have been published at earliest and in the instant case, no date of publication is available with the petitioner, therefore, we are not at all inclined to interfere with the order impugned as in any case the appeal was filed after a lapse of 10 years from the date of award without assigning adequate reasons. 4. The appeal, hence, is dismissed.