BEML LIMITED Vs. GAJANAND THAWAIT

JUDGEMENT

(1.) Heard learned Counsel appearing for the appellant as well as learned Counsel for the respondent No. 1.

(2.) This writ appeal has been filed against the impugned judgment and order dated 16th August, 2005, passed by the learned Single Judge in W.P. No. 388/1999 Gajanand Thawait v. Bharat Earth Movers Limited and Ors.

(3.) At the very outset it is necessary to indicate here that the writ appellant had filed Special Leave to Appeal (Civil) No. 24076/2005 before the Hon'ble Supreme Court which was dismissed as withdrawn vide order dated 29.1.2010 with the observation that in case an appeal against the judgment and order, appealed against the impugned judgment and order, is filed before Division Bench of the Chhattisgarh High Court within one month from today i.e. 29.1.2010, the same will not be dismissed on the ground of limitation alone.