STATE OF MAHARASHTRA Vs. VIJAY GANGARAM KAMBLE

JUDGEMENT

(1.) Rule. Learned Counsel appearing for the Respondent waives service of Rule.

(2.) This is an application at the instance of the State for condonation of delay in filing the Letters Patent Appeal. There is a delay of about 154 days. The ground mentioned in the application is that some time was consumed in taking the opinion of the Government Counsel. The writ petition filed by the applicant challenging the award of the Labour Court was dismissed by the learned single Judge by order dated 8th/21st September, 2010. The certified copy of the said order, in fact, was also applied for after a considerable period of time. The certified copy of the said order was ready on 28th October, 2010. No attempts were made to file the appeal within the period of limitation. In fact, legal opinion was sought by the applicant on 15th December, 2010 and that too after the limitation period was over. The Government Counsel gave his opinion on 5th January, 2011. After receiving the opinion from the Government Counsel, the Department forwarded the same to the Law and Judiciary Department for taking necessary sanction. On 4th March, 2011 sanction was accorded by the Law and Judiciary Department to the applicant to file the above Letters Patent Appeal.

(3.) In our view, in most of the matters, a casual approach is shown by the concerned department of the State in taking expeditious steps in the matter of filing appeals. The limitation period prescribed for filing Letters Patent Appeal is 30 days. The certified copy itself was applied after about 25 days. Thereafter, after receiving the certified copy of the order, time was consumed in taking the opinion of the Government Counsel and thereafter getting sanction from the Law and Judiciary Department. It is unfortunate that no attempts were made by the applicant to file the appeal within the period of limitation and, as stated above, a casual approach is shown by the concerned department of the State.