UNION OF INDIA Vs. JASIRUDDIN TALUKDAR

JUDGEMENT

(1.) The common question that arises for adjudication in these batch of cases is that whether the provision of Section 5 of the Limitation Act is applicable to condone the delay in filing un appeal under Section 28 of the Railway Claims Tribunal Act, 1987, As agreed to by the learned Counsels, the common and identical question having arisen for decision, nil the cases are heard analogously and is being disposed of by this common judgment.

(2.) I have heard Mr. U.K. Nair, and Mr. S.S. Sarma, learned Counsels appearing for the Appellant/Petitioners and Mr. H.P. Barman and Mr. A. Goyal, learned Counsel appearing for some of the Respondent.

(3.) As a lead case, the facts as available in Misc. Case No. 1238/09 which is filed for condoning the delay of 472 days in filing the connected. MFA No. 62/10 are being taken note of. In the connected appeal, the applicant/Petitioner has challenged the legality and validity of the judgment and order dated 21.7.2007 passed in Original Application No. 136/05 as well as the order dated 25.7.2008 dismissing the Review Application No. 4/07 (OA No. 136/06) by the learned Railway Claims Tribunal, Guwahati. All the appeals are filed by the Union of India under Section 23 of the Railway Claims Tribunal Act, 1987 Corrected vide order dated 13.12.2010. challenging the respective awards passed by the tribunal against the Appellant.