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2023 Supreme(Jhk) 972

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Bilcho Kujur, W/o Late Johnson Lakra – Appellant
Versus
Tata Iron & Steel Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Akhilesh Kumar Srivastava, Mr. Akash Deep, Mr. Nirmal Ghosh, Advocate
For the Respondent:Mr. Manish Mishra, Advocate

JUDGMENT :

Anubha Rawat Choudhary, J.

This Appeal has been filed against the judgment dated 30th September 2020 passed by the learned writ Court in W.P.(L) No.6995 of 2012 whereby the writ petition filed by the husband of the appellant has been dismissed.

2. W.P.(L) No.6995 of 2012 was filed by Johnson Lakra and after dismissal of the writ petition, he filed the present Letters Patent Appeal. However, during the pendency of this Appeal, the writ petitioner (hereinafter referred to as the “workman”) has expired and now the case is being pursued by Bilcho Kujur, claiming to be the wife of Johnson Lakra. The present appellant was substituted vide order dated 25th August 2023.

3. The learned writ Court recorded its findings in paragraphs nos.12 to 17, the extracts of the aforesaid paragraphs are as under: -

    “12. Be that as it may, after hearing counsel for the parties at length and from perusal of the documents brought on record and the judgments relied upon by the respective parties, this Court is of the opinion that admittedly, there has been unexplained delay and laches on the part of the petitioner. The reference has been made by the appropriate authority after lapse of more than eight

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