CHIEF GENERAL MANAGER TELECOMMUNICATION, JAMMU Vs. KARNAIL SINGH

JUDGEMENT

(1.) This is an application seeking permission to file additional documents. For the reasons detailed in the application, it is allowed. The documents as sought for are taken on record.

(2.) Averments made in the application reveal that a SLP(C) No. 16440/2016 was preferred by the applicants-petitioners (herein) before the Hon"ble Apex Court that met with the fate of dismissal in limine vide order dtd. 11/7/2016. The petitioner-Corporation, being left with no effective choice, reached DoT, the administrative ministry of the petitioner corporation, and noticed the pendency of the litigation on the same subject matter before the Apex Court by way of SLP(C) No. 34038/2012 arising out of the Division Bench judgment of the High Court of Himachal Pradesh. It is contended by the applicants-petitioners that the matter was referred to Senior Counsel on the panel who, after examining the statutory provisions, advised to prefer a review petition before this Court, as such; the applicants-petitioners have come up with an application for condonation of delay in filing the review petition.

(3.) Objections have been filed by the non-applicant/respondent, resisting the application for condonation of delay inter-alia on the grounds that the non-applicant (herein) was given forced retirement on account of spinal injury suffered by him while discharging his duty; that the application for condonation of delay has been filed after dismissal of SLP by the Apex Court; that the applicants-petitioners did not implement the judgment despite filing of the contempt petition and instead filed application for condonation of delay after two years on the plea of department having found a contrary judgment of a Division Bench of the High Court of Himachal Pradesh which is not binding on the Division Bench of this Court. At last, it has been submitted that the application for condonation of delay deserves to be dismissed.