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2023 Supreme(UK) 478

SHARAD KUMAR SHARMA
Kumaon Mandal Vikas Nigam – Appellant
Versus
Presiding Officer Industrial Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Abhilasha Tomar, Advocate, on behalf of Mr. Sandeep Kothari, Advocate
For the Respondent:Mr. Yogesh Chandra Tiwari, Mr. Siddhartha Bisht, Advocate

JUDGMENT :

The workman, who has sought a reference by invoking the provisions contained under Section 4-K of the U.P. Industrial Disputes Act, it was as against the dismissal of his services on 3rd February, 1993. He had met with the sad demise on 31st May, 2013, and it is now that almost after more than 2274 days, a Substitution Application, has been filed on 20th November, 2019, which is rather a mockery of the judicial proceedings, that the said Substitution Application is now being considered after a lapse of yet another four years in 2023.

2. But, in order to enable the Court to decide the matter itself on merits, coupled with the fact, that since the heirs of deceased respondent workman are already represented by the counsel, the Delay Condonation Application, which has been filed along with the Substitution Application, would stand allowed, and the delay, which has chanced in filing the Substitution Application, would stand condoned.

3. Consequently, the Substitution Application, too, would stand allowed, and the heirs as described in para 3 are directed to be brought on record.

4. The counsel for the petitioner would carry out the necessary amendment in the cause title of the W

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