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2010 Supreme(SC) 1085

H.L.DATTU, D.K.JAIN
Indian Oil Corporation Ltd. – Appellant
Versus
Subrata Borah Chowlek , Etc. – Respondent


Advocates appeared:
For the Appellants:Goolam E. Vahanvati, A.G., V.N. Koura, Ms. Aruna Mathur, Ms. Paramjeet Beripal (for M/s. Arputham, Aruna & Co.), Advocates.
For the Respondents:P. Goswami, Rajiv Mehta, Biswanath Agrawalla, Advocates.

Judgment :-

D.K. JAIN, J.

Leave granted.

2. The present appeals, by special leave, are directed against order and judgment dated 29th January, 2010 passed by a Division Bench of the Gauhati High Court, whereby appellants' application seeking condonation of delay of 59 days in preferring the appeal was rejected and their writ appeal was dismissed in limine as being barred by limitation.

3. The respondents herein filed writ petitions in the High Court seeking regularization of their services from the dates of their initial appointment with consequential benefits. A learned Single Judge of the High Court, vide his judgment dated 29th April 2009, allowed the writ petitions, and directed appellant No.2 viz. the Assam Oil Division of the Indian Oil Corporation to treat the respondents as having been regularly appointed from the date of their initial appointment, and to give them all the consequential service benefits.

4. Being aggrieved by the said order, the appellants preferred an appeal before the Division Bench of the High Court on 29th July 2009, along with an application for condonation of delay in filing the appeal. It was pleaded that the delay of 59 days had occasioned because of











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