- (1.) Heard Sri Shamimul Hasnain, learned counsel for the petitioner, Sri Ayank Mishra, learned counsel for respondents no. 2, 3 and 4 and Sri Mata Prasad, learned Additional Chief Counsel for the respondent no.1.
(2.) The petitioner in this writ petition is seeking quashing of the order dated 27.4.2015 whereby his claim for arrears of salary and other allowances from 25.11.1992 has been rejected. It is being contended by the learned counsel for the petitioner that certain employees at the relevant point of time had approached the Labour court through adjudication Case No. 167 of 1992 in which there was an award on 30.7.1994. The said award was challenged in the High Court by the respondent-department in writ petition no. 2099 of 1995 which was dismissed by order dated 31.8.2001 and therefore the award has become final. The petitioner was not a party to proceedings before the Labour Court. After the award was given he filed writ petition no. 9170 of 2015 in respect of his claim and the said writ petition was disposed of by order dated 16.2.2015 with the direction to the respondents to consider the petitioner's representation and it is in pursuance of the order of the court that the impugned order dated 27.4.2015 has been passed.
(3.) In my opinion the claim for arrears of salary and allowances for the period from 25.11.1992 is clearly barred by laches and merely because there was an adjudication by the Labour Court on 30.7.1994 in respect of other persons and the writ petition was dismissed by the High Court on 31.8.2001 will not give fresh cause of action to the petitioner to maintain this writ petition. The claim of the petitioner is a stale claim and the writ petition is clearly barred by laches.;