UNION OF INDIA Vs. DURGAPRASAD MATAV

JUDGEMENT

(1.) Rule. Mr.K.K. Shah, learned advocate waives service of the rule. The matter is taken up, with consent of the parties, for final disposal.

(2.) The present petition is filed by the Union of India through the General Manager, Western Railway, Church Gate, Mumbai, challenging the order dated 3.1.1991 passed in Recovery Application No.12 of 1984 by the Labour Court, Ahmedabad. On first impression it seems that the said order of 1991 in the Recovery Application is challenged in the present petition filed in the year 2000. Learned advocate for the petitioner invited attention of the Court to the contents of para 2.10 of the petition wherein it is stated that the Railway authorities had filed Original Application No.362 of 1991 before the Central Administrative Tribunal, which came to be finally heard and decided only on 10.3.1998. The order dated 10.3.1998 is produced on record at Annexure 'F' to the petition, which reads as under :

(3.) This is the order which is passed on 10.3.1998. Thereafter, what was done by the Railway authorities is not mentioned anywhere in the petition. Therefore, the delay caused in filing the petition of almost two years and more is not explained by the authorities. When the learned advocate was put this query she invited attention to averments made in para 2.11, which reads that,