C.M. No, 2 of 2016 ' The prayer made in this application for early hearing of the titled petition is allowed with a direction to the office to list out the titled petition for today. CM stands disposed of.
' Main Case.
2. Through this petition, the Petitioner has impugned orders dated 23.04.2014 and 19.01.2016 passed by Respondents No, 1 and 2.
3. The appeal of the Petitioner was dismissed by the Labour Appellate Tribunal on the ground of being time barred. In terms of the order of the Labour Court, the Petitioner was suspended from service on 19.07.2008. He filed grievance petition on 05.03.2009, which was dismissed by the Labour Court on 05.03.2009 and again dismissed by the Labour Appellate Tribunal on 19.01.2016. Learned counsel for the Petitioner states that the Petitioner was unwell and remained bed ridden due to back ache problems, therefore, he could not file his grievance petition within time. Learned counsel states that any delay on the part of the Petitioner could have been condoned and his grievance petition against a suspension order could not have been dismissed.
4. Heard and record perused.
5. The delay is apparent from the record and is admitted by the learned counsel for the Petitioner.
The justification provided by the Petitioner is not supported by any document or medical certificate, which explains the delay of more than one year. As such there is no reason to interfere in the impugned orders, which have dismissed the case of the Petitioner being, barred by time. As far as the argument of learned counsel for the Petitioner that it could not have been dismissed on account of the fact that it was an interim order as the Petitioner has been suspended and not terminated from service. The said argument has no basis as the Petitioner filed the grievance petition against the suspension order and his grievance petition was dismissed by the Labour Court for being barred by time. Therefore, under the circumstances, no case for interference is made out. .