Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 956 (JHR)

Bharat Coking Coal Ltd. (BCCL) through its Chairman-cum-Managing Director/ Director Personnel v. Shobh Nath Singh, Son of Late Gauri Shankar Singh, Jharkhand

2018-04-30

D.N.PATEL, RAJESH KUMAR

body2018
ORDER : D.N. PATEL, J. I.A. No. 737 of 2018 1. This Interlocutory Application has been preferred under Section 5 of the Limitation Act for condonation of delay of 46 days in preferring this Letters Patent Appeal. 2. Having heard counsels for both the sides and looking to the reasons stated in the paragraphs 4 and 5 of this Interlocutory Application, we hereby condone the delay of 46 days in preferring this Letters Patent Appeal. 3. Accordingly, this Interlocutory Application is allowed and disposed of. L.P.A. No. 26 of 2018 1. Having heard counsels for both the sides and looking to the contentious issues raised in this Letters Patent Appeal, the same is Admitted. 2. Counsel appearing on behalf of the respondent no. 1 waives notice of Admission. 3. Registry is directed to enlist this Letters Patent Appeal under the heading “For Hearing” in the 2nd week of August, 2019. I.A. No. 738 of 2018 1. This Interlocutory Application has been preferred for getting stay against the operation, implementation and execution of the order passed by the learned Single Judge in W.P.(S) No. 1533 of 2010 dated 13.09.2017. 2. Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that as per the service record of this appellant, the date of birth of respondent no. l (original petitioner) is 11.12.1949. The document maintained by this appellant has also been signed by respondent no.1 (original petitioner). 3. As per the aforesaid date of birth, his date of retirement is 31.12.2009. Thus, there is a prima facie case in favour of this appellant. The writ petition has been preferred by respondent no.1 (original petitioner) after his retirement i.e. in the year 2010. Balance of convenience is also in favour of this appellant and if the stay, as prayed for, is not granted, it will cause irreparable loss to the appellant. 4. Thus, at this stage, we, hereby, stay the operation, implementation and execution of the order passed by the learned Single Judge in W. P. (S) No. 1533 of 2010 dated 13.09.2017 during pendency and final hearing of this Letters Patent Appeal. 5. Accordingly, this Interlocutory Application is allowed and disposed of.