IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8293 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE RAVI R.TRIPATHI ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : YES 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------- UNION OF INDIA Versus DURGAPRASAD MATAV -------------------------------------------------------------- Appearance: MRS VASAVDATTA BHATT for Petitioner No. 1-3 MR KK SHAH for Respondent No. 1 -------------------------------------------------------- CORAM : MR.JUSTICE RAVI R.TRIPATHI Date of decision: 28/06/2001 ORAL JUDGEMENT Rule. Mr.K.K. Shah, learned advocate waives service of the rule. The matter is taken up, with consent of the parties, for final disposal. 2. The present petition is filed by the Union of India through the General Manager, Western Railway, Church Gate, Mumbai, challenging the order dated 3.1.1991 passed in Recovery Application No.12 of 1984 by the Labour Court, Ahmedabad. On first impression it seems that the said order of 1991 in the Recovery Application is challenged in the present petition filed in the year 2000. Learned advocate for the petitioner invited attention of the Court to the contents of para 2.10 of the petition wherein it is stated that the Railway authorities had filed Original Application No.362 of 1991 before the Central Administrative Tribunal, which came to be finally heard and decided only on 10.3.1998. The order dated 10.3.1998 is produced on record at Annexure 'F' to the petition, which reads as under : "Heard Mr.Shevde. The Railway Administration has sought a direction to quash the judgment/ order dated 3.1.91 passed by the Presiding Officer, Labour Court No.11, Ahmedabad as at Annexure A1. Mr.Shevde requests that the papers may be returned to the Railways so that they may pursue the matter before the appropriate forum. In the light of the submission of Mr.Shevde the O.A. stands disposed of. In view of the final disposal interim order stands vacated. The papers may be returned to Mr.Shevde. No costs." 3. This is the order which is passed on 10.3.1998. Thereafter, what was done by the Railway authorities is not mentioned anywhere in the petition. Therefore, the delay caused in filing the petition of almost two years and more is not explained by the authorities. When the learned advocate was put this query she invited attention to averments made in para 2.11, which reads that, "The petitioners further submit that original papers of the OA No.362/ 91 was received from the Central Administrative Tribunal through learned advocate Mr.Shevde (Panel Advocate of Railway Administration) on 22.3.2000." and stated that the said averment may be teated as an explanation for the delay and it may also be treated that the delay is satisfactorily explained and the same be condoned in the interest of justice. Learned advocate failed to point out any prayer for condonation of delay. The so called explanation in para 2.11 cannot be said to be a sufficient, satisfactory and complete explanation for the delay caused on the part of the authorities and in absence of any prayer for the same, the delay cannot be condoned. 4. The respondent workman was working in Class IV as Khalasi in Construction Department. Mr.Shah, learned advocate informs the Court that the workman has already retired on reaching the age of superannuation. The Railway authorities shall comply with the order of the Labour Court dated 3.1.1991 at the earliest. 5. The petition is dismissed accordingly. Rule is discharged. Interim relief is vacated. No order as to costs. (Ravi R. Tripathi, J.) karim