STATE OF GUJARAT Vs. BHAGVANBHAI ZALABHAI BHARVAD

JUDGEMENT

(1.) This civil application is filed to condone the delay of 899 days in filing the Letters Patent Appeal being aggrieved by the order of the learned Single Judge dated 7.10.2013 passed in Special Civil Application No.14089 of 2013. By the aforesaid order, learned Single Judge has dismissed the Special Civil Application filed by the appellant -State of Gujarat wherein they have challenged the award passed by the Labour Court, Anand dated 30.5.2012 passed in Reference (LCA) Nos.77 of 2000 and 124 of 2000, wherein the Labour Court ordered reinstatement of the respondent -workman with continuity but without back wages.

(2.) The respondent -workman was initially appointed in the year 1988. On the ground that he was terminated from service without applying the provisions of the Industrial Disputes Act, 1947, he made a complaint before the Assistant Labour Commissioner, Anand which dispute was referred to the Labour Court for adjudication. The Labour Court, after considering the matter, has passed orders for reinstatement with continuity of service and without back wages. The said award was subject matter of challenge by the appellant before the learned Single Judge and Special Civil Application was dismissed as early as on 7.10.2013.

(3.) In the application supported by affidavit to explain the delay, it is stated that the copy of the order was received on 28.10.2013. Thereafter, on 7.12.2013, the applicant forwarded proposal to the government which turn was sent to the Deputy Executive Engineer who was retired and the same was handed over to the Deputy Executive Engineer, Khambhat Irrigation Sub -Division Department. It is also stated that thereafter on 27.8.2014, the Section Officer, Narmada Water Resource and Kalpsar Department wrote letter to the Superintending Engineer, Mahi Irrigation, Circle -Nadiad to file Letters Patent Appeal challenging the order dated 7.10.2013. Further, in the application itself, it is stated that as the concerned Deputy Executive Engineer was engaged in other irrigation works from April, 2015 to June, 2015 and further the concerned officer was in -charge of Bhal area and during the period from June, 2015 to October, 2015, he was busy with other works, the matter was not persuaded.