1. This intra-court appeal is directed against the order dated 09.02.2007 passed in S. B. Civil Writ Petition No. 459/2007 whereby the learned Single Judge of this Court has dismissed the writ petition preferred by the petitioner-appellant against the order dated 12.09.2006 whereby the Labour Court, Jodhpur refused to set aside the ex parte award dated 12.11.2002.

2. This appeal, filed only on 07.09.2009, is reported to be barred by limitation by 881 days and the appellant has moved an application seeking condonation of delay.

3. Briefly put, the relevant facts and background aspects of the matter are that upon the respondent No.1 Moola Ram raising an industrial dispute on the allegations that he was appointed in the month of January 1982 under the Gram Panchayat, Balana as driver of engine and electric motor but his services were terminated on 01.03.1996, the Government made a reference to the Labour Court, Jodhpur on the question of validity of such termination of services. The present appellant chose not to appear before the Labour Court despite service; and on 12.11.2002, the Labour Court proceeded to make the award ex parte in favour of the respondent No.1. The Labour C