IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.520 of 2009 NANDAN PRASAD MAHTO Versus THE CHIEF MANAGER,BHARAT BAGON ENGINEERING CO. PVT. LTD. & ORS. ----------- 2 23/4/2009 IA. NO.2612 of 2009 This application has been filed for condoning the delay of 221 days in filing the appeal. The petitioner – appellant herein was removed from service after conducting the enquiry by order dated 1.6.2001 because he was absent from duty for six months from 11.12.2000 to 7.6.2001 without giving any application. After three years of his removal he filed a petition being CWJC. No.5787 of 2004 before this court and also filed departmental appeal but this court disposed of the petition with an observation that as against the impugned order, an appeal has already been filed, it would be advisable to the respondent appellate authority to dispose of that appeal. Departmental appeal was dismissed by a detailed order. Thereafter, he again moved this court in CWJC. No.8368 of 2006 but this court did not entertain the application and disposed of 2 the same with liberty to raise an industrial dispute before the proper Labour Court, against which the present appeal has been filed after the delay of 221 days. No valid ground is stated to condone the delay except that he was out side the State. In the facts and circumstances of the case, we are not inclined to condone the delay of 221 days in filing the appeal and , therefore, the delay condonation application is dismissed and in a consequence thereof the appeal also stands dismissed. However, the petitioner, if so advised, may pursue the remedy as suggested by the learned Single Judge. Neyaz/ (J. B. Koshy, CJ.) (Dr. Ravi Ranjan, J.)