MANAGEMENT OF BIOSAHABI T.E. REPRESENTED BY ITS MANAGER Vs. PRESIDING OFFICER, LABOUR COURT, DIBRUGARH AND OTHERS

JUDGEMENT

(1.) - Heard Mr. G.N. Sahewalla. learned Senior Counsel assisted by Md. Aslam, learned Counsel for the appellant. Also heard Mrs. Abha Bhattacharya. learned Counsel for the respondent No. 3. There is no representation for respondents No. 1 and 2.

(2.) This is an application filed under section 5 of the Limitation Act, 1963, praying for condonation of delay of 484 days in filing the writ appeal against judgment and order dated 26.8.2008 passed by the learned Single Judge in WP (C) 7130/2002.

(3.) The applicant petitioner is trying to explain and justify the delay in question as per averments made in paragraphs No. 3 to 7 of this Misc. application. As per the averments made therein, the applicant Petitioner Management received the certified copy of the judgment and order dated 26.8.2008 from its engaged Counsel but no date has been mentioned as to exactly on which date the Management received the same. However, from the certified copy of the aforesaid order which has been appended to the Memo of Appeal, it appears that the applicant applied for a certified copy of the judgment and order as far back as on 1 1.9.2008 and the same was made ready for delivery on 2.12.2008 and it was delivered to it on 2.12.2008 itself. Thereafter, the Management petitioner authorised and entrusted its Garden Manager to take necessary steps for preferring an appeal against the aforesaid judgment and order dated 26.8.2008. However, the said Garden Manager resigned from service around the month of December. 2009. There was a bona fide belief that an appeal was preferred against the said judgment and order dated 26.8.2008.