- (1.) The instant appeal is directed against the order dated 28.01.2016 passed by learned Single Judge of this Court in W.P.(S) No.6760 of 2013 whereby and whereunder the writ petition has been allowed with a direction upon the Managing Director, Deoghar-Jamtara Central Co-operative Bank Limited, Deoghar to pay the salary of the writ-petitioner for the period from 01.01.1999 to 10.05.2004 within two months from the date of receipt/production of the copy of the order.
(2.) It require to refer herein that the appeal has been filed after delay of 1355 days and as such one interlocutory application being I.A. No.11450 of 2019 has been field under Section 5 of the Limitation Act to condone the delay.
(3.) Mr. Mrinal Kanti Roy, learned counsel for the appellant has tried to demonstrate before this Court sufficient ground available for condoning the delay of 1355 days. He further prays that the appellant has got strong case of success and as such for consideration of delay condonation application this Court may also look into the legality and propriety of the impugned order. He has made such submission on the ground of settled position that if the issue as has been raised has got merit, the appeal is to be heard on merit and as such this Court may condone the delay otherwise if the appeal would be dismissed on the ground of limitation, the issue which has been raised will remain unanswered.;