KHALIL ANSARI Vs. BOKARO STEEL PLANT

JUDGEMENT

(1.) HEARD the parties. The appeal has been filed against the order dated 26.2.2003, passed by the learned Single Judge, in W.P (S) No. 3453 of 2001. According to stamp report dated 25.4.2003 limitation for filing the appeal expired on 25.4.2003, whereas it was filed on 14.5.2003. Hence, I.A. No. 1175 of 2003 at flag 'L has been filed under section 5 of the Limitation Act, 1963 for condonation of said delay. It appears that the memorandum of appeal was presented in this Court on 25.4.2003 itself, which was the last date for filing the appeal. The stamp reporter pointed out certain defects, which could be removed by the counsel only on 14.5.2003 and on the same date it was filed. Hence, we find that the aforesaid delay was caused due to the laches on the part of the counsel and for that the appellant cannot be held responsible. So there was no laches on his part. Accordingly, we condone the delay in filing the appeal.

(2.) THE appellant was working as Operator M.E. in operation garage. He approached this Court under Article 226 of the Constitution of India for issuance of a writ of mandamus for a direction to the respondents to make necessary correction in his date of birth, as recorded in personal data form.

(3.) AFTER his appointment on the post of Khalasi, in his personal data form, his date of birth was recorded as 4.12.1950 i.e., 22 years at the time of appointment. The said entry was penned through and his age was recorded as 27 years.