BHARAT COKING COLA LIMITED Vs. DIGVIJAY SINGH

JUDGEMENT

(1.) THIS is an application for condonation of delay of 140 days in filing the appeal and the reasons assigned by the appellants is that the appellant -Company (M/s BCCL) was seeking legal opinion as to whether the appeal had to be filed against the impugned judgment, in view of ratio of the decision rendered in Kamta Pandey V/s. BCCL reported in 2007(3) JLJR 726[F.B.], It is stated that decision was taken not to prefer appeal in sotar as the dispute in regard to the correction of the date of birth is concerned, but it was opined that the appeal may be filed against the grant of back wages to the respondent -employee as he had not worked during the period when he had accepted superannuation. In the process, some delay has occurred in tiling he appeal but the same is bonafide and not deliberate or intentional.

(2.) ALTHOUGH we are not fully satisfied with the reasons assigned for condonation of delay, yet we considered it just and appropriate to hear the appeal on merit, merely in the interest of justice, and hence inspite of non availability of the sufficiency of the ground for condonation of delay, we thought it appropriate to take a liberal view in regard to the condonation of delay and hence condone the delay in filing the appeal. The application (I.A. No. 3414 of 2008) accordingly, be treated as allowed and disposed of. L.P.A. NO. 432 of 2008

(3.) THIS appeal has been filed against the judgment and order passed by the learned Single Judge on 16.4.2008 in W.P.(S) No. 7210 of 2006 by which the learned Single Judge was pleased to allow the writ petition in favour of the respondent -employee and quashed the impugned letter dated 16.8.2006 by which the petitioner -respondent herein was treated as having retired and thus was stopped from discharging duty under the appellant -Bharat Coking Coal Ltd.