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2023 Supreme(P&H) 1271

GURMEET SINGH SANDHAWALIA, HARPREET KAUR JEEWAN
Risal Singh(Deceased) through his heirs and legal representatives – Appellant
Versus
Bhiwani Central Cooperative Bank Limited Bhiwani – Respondent


Advocates appeared:
Mr. Manjula Gupta, Advocate for Mr. Rajesh Gupta, Advocate for the appellants.

GURMEET SINGH SANDHAWALIA, J.

CM Nos.4651 of 2019 & 238-LPA of 2020

1. Present applications have been filed for condoning the delay of 298 days in filing the appeal.

2. The main cause of delay propagated in the applications is that the clerk of the earlier counsel who prepared the writ petition has misplaced the files, therefore the delay has taken place.

3. Present applications for condoning the delay of 298 days are supported by an affidavit of the legal representative of the deceased workman.

4. In view of the above, we are of the considered opinion, that sufficient ground is made out to condone the delay of 298 days in both the appeals. Applications are allowed. Delay of 298 days in filing the appeals is condoned.

LPA-2029-2019 and LPA-82-2020

5. This order shall dispose of two Letter Patent Appeals bearing LPA No.2029 of 2019 and LPA No. 82 of 2020. For convenience, facts are being taken from LPA No.2029 of 2019.

6. Consideration in the present letter patent appeals is to the order dated 11.12.2018 of the learned Single Judge in CWP No.21821 of 2013 wherein the award of the labour court dated 12.07.2013 (Annexure P-6) was modified and reinstatement being not possible on account of dea

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