UNION OF INDIA Vs. BACHU BADIA

JUDGEMENT

(1.) . Union of India (Railways) being aggrieved by the judgment delivered by the Central Administrative Tribunal, Ahmedabad Bench on 2-4-1998, has approached this Court.

(2.) . It is contended by learned Advocates Mr. Yajnik and Mr. Sheth appearing for the Railways that the Tribunal has committed serious error in considering the case of the original petitioner as the application was barred by limitation. It is pointed out to us from the order that the case of the applicant, as set out in the application, was of oral termination with effect from 20-5-1985. The Tribunal was moved on 8-3-1989, after a period of about four years, along with an application for condonation of delay being M.A. No. 717 of 1989. The Tribunal has observed that, "The applicant has not furnished any satisfactory explanation for the long delay in filing this application challenging the termination order. The M.A., is rejected and consequently prayer (A) of Para 7 regarding quashing of termination order is rejected." It is submitted that the Tribunal has come to the conclusion that the delay has not been properly explained and as a consequence of which the application was rejected, then it was not open for the Tribunal to proceed further with the matter.

(3.) . Prima facie, the submissions are very attractive. Once the application for condonation of delay is rejected, there is no question of entertaining main application. In the instant case, the applicant was permitted to amend the application tendered before the Tribunal. Para (AA) inserted in the application after amendment reads as under :