- Court
- Supreme Court of India
- Decided
- 2 November 1995
- Bench
- K. Ramaswamy, B. L. Hansaria
- Result
- Appeal disposed of.
Headnote
Service Law :
Tribunal dismissing the case on ground of lache;~E.xplanation given for !aches not controve1ted by the other employer-Matter remitted back to T1ibunal to examine and dispose of the case on moits.
This appeal is against the Karnataka Administrative Tribunal'> order dismissing the appellant's case on the ground of !aches.
Disposing of the appeal, this Court HELD : In view of the fact that the respondents have not con-troverted the explanation given for the !aches, there is some justification for the appellant to tile the proceedings at belated stage. However, the relief cannot be granted since on counter-affidavit has been filed. The matter is remitted to the Tribunal to examine the case on merits and dispose of the matter according to law. (726-B]
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Leave granted.
In spite of an opportunity having been given to the respondents to file counter-affidavit by our order dated October 11, 1993, till date no counter-affidavit has been filed. The Tribunal had dismissed the case on the ground of !aches. In view of the fact that the respondents have not controverted the explanation given for the !aches, we find that there is some justification for the appellant to file the proceedings at belated stage. However, the relief cannot be granted here since no counter-affidavit has been filed. In the circumstances, we remit the matter to the Tribunal to examine the case on merits and dispose of the matter according to law.
The appeal is disposed of accordingly. No costs.
Case details
Arising from
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10213 of 1995.
From the Judgment and Order dated 5.3.93 of the Karnataka Ad-ministrative Tribunal in Application No. 611 of 1993.
Appearances
R. S. Hagde for P.P. Singh for the Appellant.
Ms. Manjula Kulkarni for M. Veerappa for the Respondents.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.