P.B.BAJANTHRI J. - (1.) In the present petition, the petitioner has assailed the order dated 2.9.2006 passed by the Industrial Tribunal-cum-Labour Court-II, Chandigarh.
(2.) The petitioner is stated to be working as a clerk in the respondent-bank. For remaining absent for 174 days in 1996, 94 days in 1997 and 197 days in 1998, he was subjected to disciplinary proceedings in the year 2001 and disciplinary proceedings was concluded in imposing the penalty of dismissal from service on 25.09.2001. He preferred an appeal before the Appellate Authority. The Appellate Authority affirmed the order of the disciplinary authority. Consequently, he approached the Industrial Tribunal. On 2.9.2006, the Industrial Tribunal-cum-Labour Court upheld the order of the disciplinary authority. Feeling aggrieved by the award dated 2.9.2006, the present petition was filed in the month of October 2015. There is delay of 9 years in filing the present petition. Whereas the petitioner has filed C.M. No.9229 of 2016 for condonation of delay of 6 years 1 month in filing the above writ petition. Civil miscellaneous application No.9229 of 2016 is heard.
(3.) Learned counsel for the petitioner has pointed out from para-4 the reasons for delay in approaching this Court. The extract of para-4 reads as under: "4. That petitioner condition never improved and depression continued and petitioner is still undergoing treatment for depression. After the impugned order passed by Ld. Labour Court, petitioner approached Ld counsel Sh. S.K. Bawa Advocate, for challenging the award dated 02.09.2006 within few months thereafter. Case file was given to Sh. S.K. Bawa Advocate, but due to shortage of funds and being in depression state of mind, petitioner forget to approach him and take further course for filing the petition. Petitioner has been making all efforts to arrange the funds but could not collect the requisite amount and hence did not dare to approach the counsel and ask for its proceedings. Petitioner even did not remembered that he has to give nod to the counsel for filing the case. Since no amount was paid to the counsel Sh. S.K. Bawa for it, case file remained in the office of Sh. S.K. Bawa Advocate." ;