JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No.165 of 2021:

1. This interlocutory application has been filed for condoning the delay of 702 days, which has occurred in preferring this appeal.

2. Heard learned counsel for the appellant.

3. Having regard to the averments made in this application, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.

4. Accordingly, I.A. No.165 of 2021 is allowed and the delay of 702 days in preferring the appeal is condoned.

L.P.A. No.94 of 2019:

5. The instant appeal is under Clause 10 of the Letters Patent directed against the order/judgment dated 02.02.2017 passed by the learned Single Judge of this Court in W.P.(L) No.1025 of 2008 whereby and whereunder the order dated 27.01.2005 passed by the Labour Court, Hazaribagh in M.J. Case No.5/02, filed under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act, 1947), has been quashed and set aside.

6. The brief facts of the lis which is required to be enumerated read as hereunder:

The workman was appointed on the post of Helper Category-II on 18.01.1959 as daily rated worker. He was promoted as Operato