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2007 Supreme(Ori) 312

I.MAHANTY
Management of Regional Plant Resources Centre, Nayapali, Bhubaneswar – Appellant
Versus
Workmen of Regional Plant Resources Centre, represented by the Regional Plant Resources Centre Workers’ Union,Another – Respondent


Advocates:
For Appellant:M/s. Braja Kishore Sahoo and K.C. Sahoo.
For Respondents:None

JUDGMENT

A. K. GANGULY, CJ. — This writ appeal has been filed against the order of the learned Single Judge dated 13.9.2006 passed in W.P.(C) No.7800 of 2004. By the said order, the learned Single Judge dismissed the writ application on two grounds; the first one was that the writ application was filed on 23.7.2004 chal¬lenging the Award dated 30.11.2002 passed by the Industrial Tribunal, Orissa, Bhubaneswar i.e. after a substantial delay and there was no averment in the writ application explaining the delay. The learned Single Judge held that though the provisions of the Limitation Act do not apply to a writ petition, but it is well settled that the remedy of the writ Court is only available to a litigant who approaches the Court with sufficient prompti¬tude. Stale claims are not to be entertained by a writ Court. It is difficult for this Court to take a view different from the one taken by the learned Single Judge in the facts and circumstances of the case.

The other ground taken by the writ Court was that the Pre¬siding Officer of the Industrial Tribunal while passing the Award had taken into consideration all the facts in its proper perspec¬tive and the case by the petitioner-m











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