IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.384 of 2011 IN CIVIL WRIT JURISDICTION CASE No. 16561 of 2009 WITH INTERLOCUTORY APPLICATION No. 1696 of 2011 IN LETTERS PATENT APPEAL No.384 of 2011 ==================================================== 1. I.N.T.U.C.Bhagalpur District Council through it’s Organising Secretary, Nitya Nand Choudhary, son of Sri Basudeo Choudhary, resident of Naya Bazar, P.S.-Kotwali, District-Bhagalpur Panitanki Ghantaghar, Bhagalpur. 2. Tapan Kumar Gupta son of Sri Nirmal Kumar Gupta, resident of Railway Quarter No.175 D East Railway Coco Colony, P.S.-Mojahidpur, District- Bhagalpur. …. …. Petitioners-Appellants Versus 1. The Union of India through it’s Secretary Ministry of Labour & Employment, Government of India, New Delhi. 2. The Desk Officer, Ministry of Labour and Employment, Government of India, New Delhi. 3. The Assistant Labour Commissioner (Central) Maurya Lok Comples, A- Block, Second Floor, New Dakbunglow Road, Patna. 4. The General Manager, Eastern Railway, Kolkata, Fairlie Place, 17, Netaji Subhash Road, Kolkata-700001. 5. The Chief Personnel Officer, Eastern Railway, Kolkata, Fairlie Place, 17, Netaji Subhash Road, Kolkata-700001. 6. The Chief Administrative Officer/Con/Eastern Railway/Kolkata, New Koilaghat Building, 14, Stand Road, Kolkata-700001. 7. The Divisional Railway Manager, Eastern Railway, Malda Town, P.O.- Jhaljhalia, Dsitrict-Malda (W.B.). …. …. Respondents- Respondents ==================================================== Appearance : For the Appellant : Mr. Purushottam Kumar Jha, Advocate For the Respondent Railway: Mr. Anil Kumar Sinha, Advocate For the Respondent UoI: Mr. Santosh Kumar Singh, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 7.3.2011. Interlocutory Application No. 1694 of 2011: This application under Section 5 of the - 2 - Limitation Act is filed by the appellants for condonation of delay of 40 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No. 384 of 2011:- This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 13th December 2010 passed by the learned single Judge in above C.W.J.C. No. 16561 of 2009. The workman was selected for appointment as Apprentice B.R.I. Grade-III in the pay-scale of Rs.1400-2300 in 1988. As he was found medically unfit for appointment as such, he was offered appointment as Assistant Draftsman in the pay-scale of Rs.1200-2050 which he accepted without demur. The Union demanded that the appellant having not been found medically fit for appointment as Apprentice B.R.I. Grade-III in the pay scale of Rs.1400-2300 ought to have been appointed in the alternative post carrying the same pay-scale of Rs.1400-2300. The appropriate government refused to make a reference on the ground that the workman having accepted the appointment willingly no industrial dispute arose. The challenge to the decision of the appropriate government before the learned single Judge has failed. The learned single Judge has observed that the workman has accepted the appointment willingly and did not raise any objection for 12 years. We see no infirmity in the judgment of the - 3 - learned single Judge. The Union could not have taken up the cause of a workman who slept over his right, if any, and raised an industrial dispute almost 12 years after the date of the cause of action. No case for interference is made out. The Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)