Assam State Weaving and Manufacturing Co. Ltd. Employees Union v. The State of Assam and 4 Ors

ORDER Date : 21/02/2024 Vijay Bishnoi, CJ

Heard Mr. B.D. Konwar, learned senior counsel assisted by Mr. J. Singh, learned counsel for the applicant. We have also heard Mr. N. Das, learned Government Advocate, Assam, appearing for the respondent no.1 and Mr. A. Kalita, learned Standing Counsel, Industries Department, Assam, appearing for the respondent nos. 2 & 3. The matter comes upon for consideration of the IA(C) No. 3668/2023 with a prayer to Page No.# 3/3 condone the delay of 153 days in preferring the connected appeal. No counter to the IA is filed on behalf of the respondents. Learned counsel for the applicant has submitted that the delay in filing the connected appeal is bona fide and there is no intention on the part of the appellant to file the connected appeal with a delay. Learned counsel for the respondent has opposed the application. Having heard the learned counsel for the parties and upon going through the contents of the IA, we deem it appropriate to condone the delay of 153 days in filing the connected appeal. Hence, the application under section 5 of the Limitation Act is allowed. Delay of 153 days in filing the connected appeal is condoned. Office is directed to register the appeal and thereafter list before this Court after two weeks.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010256932023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3668/2023o ASSAMoSTATEoWEAVINGoANDoMANUFACTURINGoCO.oLTD.oEMPLOYEESo UNIONo KATIMARIoPATHAR,oP.O.-oHERAPATTY,oDIST.-oNAGAON,oREP.oBYoTHEo PRESIDENT/oGENERALoSECRETARY-oSRIoANILoKONWARoS/OoNARESWARo KONWAR,oR/OoNEARoRASHoMONDIR,oKACHAMARI,oKACHAMARIo BARAGAON,oHAIBORGAON,oDIST.-oNAGAON,oASSAM-o782002. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHTI-o781006. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oINDUSTRIESoDEPTT. oDISPUR oGUWAHATI. 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPUBLICoENTERPRISESoDEPTT. oDISPUR oGUWAHATI. 4:THEoASSAMoINDUSTRIESoDEVELOPMENToCORPORATION oR.G.oBARUAHoROAD oGUWAHATI oREP.oBYoTHEoMANAGINGoDIRECTOR. 5:THEoMANAGINGoDIRECTOR oASSAMoINDUSTRIESoDEVELOPMENToCORPORATION oR.G.oBARUAH oGUWAHATIo Page No.# 2/3 Advocate for the Petitioner : MR. B D KONWAR SR. ADV. Advocate for the Respondent : GA, ASSAM Linked Case : ASSAM STATE WEAVING AND MANUFACTURING CO LTD EMPLOYEE UNION VERSUS THE STATE OF ASSAM AND 4 ORS (E) ------------ Advocate for : MR. B D KONWAR SR. ADV. Advocate for : appearing for THE STATE OF ASSAM AND 4 ORS (E) BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM