UNION OF INDIA AND ANR Vs. RAKESH KUMAR

JUDGEMENT

(1.) The applicant/petitioners have filed the instant application seeking condonation of 729 days delay in filing the Appeal against the judgment dated 29.05.2014 passed by the learned Assistant Labour Commissioner, Udhampur, whereby an Award of Rs.2,15,190/- (Two Lakhs Fifteen thousand one hundred ninety only) has been passed against them.

(2.) It is stated in the application that immediately after passing of the Award by the Assistant Labour Commissioner, Udhampur, the department approached the then Assistant Solicitor General of India, J&K High Court, Jammu with a request for rendering of legal opinion. The legal opinion was given by the ASGI on 01.10.2014 and as per his opinion that the filing of the appeal shall not serve any purpose rather it will further burden on department. It is further stated that the file was processed through different channels more particularly when the legal opinion for not filing of the appeal was given by the learned ASGI, J&K High Court, Jammu. The applicants submit that through there is a delay but the delay is not because of the negligence of the department but due to the opinion which was made by the ASGI, Jammu. It is further stated that the substantial question of law is involved in this appeal and in case delay is condoned no body right can be jeopardized.

(3.) Heard learned counsel for the applicants/petitioners and perused the record.