Soumen Sen, J. - (1.) THE petitioner filed this application for review of an order passed on 11th March, 2008 in FMA No.2159 of 2007. THE said application was accompanied by an Application for Condonation of Delay of about 1298 days.
(2.) WE propose to dispose of the application filed for condonation of delay being CAN No.10607 of 2011 first before deciding the application for review. The petitioner is of advanced age and is a senior citizen. The petitioner submits that he has been diligent all throughout in pursuing the said appeal. After the said judgment was delivered he suffered from various physical and mental ailments. He also got in touch with the High Court Legal Service Committee for allotment of an Advocate to pursue the present proceeding and ultimately on 28th July, 2011, one Ms. Pratima Mishra was allotted the said work by the Legal Service Committee. Thereafter, Ms. Pratima Misra could not take any steps because of the ailment of her mother. The mother of the said advocate died on 22nd August, 2011. It is only after she resumed her work that the present review application was prepared and filed. We are satisfied with the explanation for not preferring the review application within time and sufficient cause being shown, we are inclined to allow the said application being CAN No.10607 of 2011 for condonation of delay and the same is allowed.
(3.) THE instant review application is arising out of a judgment and order dated 11th March, 2008 passed by a Division Bench presided over by one of us, namely, Justice Ashim Kumar Banerjee. THE other learned Single Judge, namely, Justice Tapas Kumar Giri having retired, the said application is taken up by the present Division Bench. THE Division Bench by the judgment dated 11th March, 2008 dismissed the appeal and upheld the order passed by the Tribunal. The petitioner initially challenged the order of the Tribunal passed on 24th July, 1990 upholding the penalty of dismissal against the petitioner. The said award of the Seventh Industrial Tribunal dated 24th July, 1990 was challenged under Article 226 of the Constitution of India being C.O. No.1996(W) of 1991. The learned Single Judge after considering the matter at length upheld the order passed by the Tribunal in exercise of its jurisdiction under Section 11A of the Industrial Disputes Act.;