IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 MFA.No. 55 of 2004() -------------------- AGAINST THE ORDER DATED 21/08/2003 IN IA 31/03 IN OA.75/2000 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH .................... APPELLANT/ APPLICANT IN THE OA: ------------------ ABOOBACKER, S/O. MOITHEEN KUNJU, PATTAPARAMBIL HOUSE, ODAYEM, EDAVA VILLAGE. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENT/ RESPONDENT IN THE O.A. --------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, MADRAS. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. -------------------------------- M.F.A.No.55 OF 2004 -------------------------------- Dated this the 6th day of March, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant challenges the order of the Railway Claims Tribunal dated 21.8.2003 in I.A.No.31/2003 in D.No.96/2003 in O.A.No.75/2000. The above Original Application was dismissed for default. The applicant filed an application for restoration of Original Application and along with that I.A.No.31/2003 was filed for condonation of delay. The Railway Claims Tribunal took the view that it has no power to condone the delay. On that ground the I.A. was dismissed. Now, it is common case that the point raised by the appellant is covered in his favour by the Division Bench of this Court in Pushpakaran v. Union of India [2008 (1) KLT 161]. In view of the said decision, the order in I.A.No.31/2003, mentioned above, is set aside and the matter is remitted to the Railway Claims Tribunal for disposal of the same M.F.A.No.55/2004 2 on merits, in accordance with law, as expeditiously as possible. The parties may appear before the Tribunal on 21.4.2009. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps