Citation: CWJC No.11704
Coram: Honourable Mr. Justice Mohit Kumar Shah
Decided On: 03-11-2023
The present writ petition has been filed for quashing the order dated 03.03.2021,whereby and whereunder the appeal filed by the petitioner has been rejected by the Deputy Chief Labour Commissioner (Central), Patna i.e. the appellate authority.
The appeal of the petitioner has been dismissed on the ground of delay, being time barred, although the petitioner had filed a petition under Section 5 of the Limitation Act, 1963 along with the memo of appeal, for condonation of delay on the grounds stated therein as also on the ground that due to the prevailing circumstances on account of Covid-19 pandemic, the Hon’ble Apex Court had extended the period of limitation.
The learned counsel appearing for the respondent, Sri Jai Prakash Singh, in view of the facts and circumstances of the case, is also of the view that the appeal filed by the petitioner should be heard on merits, hence it is submitted that the matter be remanded back to the appellate authority.
Court’s Analysis and Decision:
Having regard to the facts and circumstances of the case and with the express agreement of the parties, Court deemed it fit and proper to allow the present writ petition and quash the order dated 03.03.2021, passed by the Deputy Chief Labour Commissioner (Central), Patna and remand the matter back to the appellate authority, for consideration on merits. The writ petition was then allowed by the Court.
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Written by- Sushant Kumar Sharma