STATE OF GUJARAT Vs. JAYANTILAL M RATHOD

JUDGEMENT

(1.) This application is filed for condonation of delay of 1404 days caused in filing the Letters Patent Appeal against the judgment and order dated 1.10.1996, passed by the learned Single Judge of this Court in Special Civil Application No.6112 of 1986, whereby the learned Single Judge allowed the writ petition filed by the opponents-original petitioners and directed the present applicants-appellants to pay wages to the original petitioners in accordance with the ad-interim order passed by the learned Single Judge of this Court on the 20th November, 1986, in the writ petition and to continue to pay the same to the petitioners. The learned Single Judge also held that the petitioners shall be entitled to daily wages equivalent to the salary of an employee appointed on regular establishment performing the same job. The learned Single Judge also directed the present applicants-appellants to consider the case of the original petitioners for absorption on the regular establishment in accordance with the prevalent Rules/ Regulations/Government Policy in case the petitioners were not absorbed till the date of the order.

(2.) It is averred in paragraph 2 of this application that, "unfortunately and because of administrative reasons though the Govt. decided to file appeal against the said order, the same could not be filed. Even in the civil application for stay of order, affidavit was sworn by the concerned officer, it seems that the same was not filed by the Govt. Solicitor representing the Government at the relevant time....."

(3.) Learned Assistant Government Pleader, Shri Pancholi, for the applicants-appellants, relying on the judgment of the Honourable Supreme Court in the case of Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katij & Ors., AIR 1987 SC 1353, which was relied upon by a Division Bench of this Court in Union of India & Ors. v. Rameshchandra Joshi, 2002(3) GLR 2332, submitted that though there is a gross delay of 1404 days, the same may be condoned and, by condoning the delay, no prejudice is going to be caused to the opponents-original petitioners, and the matter may be heard and decided on merits.