AMARJIT SINGH Vs. D D GUPTA

JUDGEMENT

(1.) This writ petition seeks to challenge the validity of the award given by the Industrial Tribunal, Delhi, on 27th July 1974. The petitioner was appointed on 24th September 1971 for a period of six months only. On 10th December 1971 his services were terminated with immediate effect. This order of appointment is not on record but previous orders of appointment had stipulated that petitioner's services were liable to be terminated during or at the end of the service at any time and without assigning any reason whatsoever. The Industrial Tribunal held that the termination of the services was not justified but granted to the petitioner the relief of only payment of one month's wages instead of reinstatement. Hence this writ petition.

(2.) The writ petition was Filed on 15th July 1976, that is, nely two years after the award was given. The first question which arises, therefore, is whether the writ petition was inordinately delayed and whether this Court, therefore, should not entertain it. The petitioner has not given any real explanation for the delay except a sentence at the end of paragraph 12 of the petition which is as follows :-

(3.) The rule laid down by the Supreme Court in State of Madhya Pradesh v. Bhailal Bhai, (1964)6 S.C.R. 261 at 273-274(1), is that a writ petition filed after the period of limitation prescribed for a civil action would almost always be regarded as unduly delayed but the court may consider the delay unreasonable even if it is filed within the period of limitation prescribed for a suit. In Ramesh Chandra v. Union of India, ILR (1976)1 Delhi 633 at 637(2), a Division Bench of this Court stated as follows ;-