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2023 Supreme(P&H) 2012

HARSIMRAN SINGH SETHI
Commissioner Coal Mines Provident Fund – Appellant
Versus
Jasbir Singh – Respondent


Advocates Appeared:
Mr. Pankaj Gupta, Senior Panel Counsel; For the Appellant

JUDGMENT

Harsimran Singh Sethi, J. (Oral)

CM-2977-C-2023

The present application has been filed for condonation of delay of 330 days in filing the appeal.

2. In order to seek condonation of delay, in the application filed, it has been mentioned that the Department decided to file an appeal against the judgment and decree of the Court below dated 20.01.2022 but no date, on which the said decision was taken, has been mentioned. It has been further mentioned in the application seeking condonation of delay that for the first time, an officer of the Department went to meet the Additional Solicitor General of India at Chandigarh on 20.05.2022. It may be noticed that on the said date, the limitation for filing the appeal had already expired. No explanation has come forward as to why, once decision was taken to file an appeal, process for filing the same was not expedited. Further, nothing has come on record as to why, the appeal was still not filed for another period of 07 months. It may be noticed that though it is being mentioned that the Department decided to file an appeal but the pleadings in paragraph 2 of the application shows that even the certified copy of the judgment was never ap

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