Court condoned a one-day delay in filing the appeal. Following a compromise between parties where Rs. 2 Lakhs was deposited in Labour Court, the appeal was disposed of with directions to release the funds.
Condonation of one-day delay; disposal of appeal and interlocutory application; directive to Labour Court to release Rs. 2 Lakhs.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI. I.A. No. 6250 of 2017
&
I.A. No. 9017 of 2019 in
M.A. No. 82 of 2016
-V e r s u s-
Sariyam Bibi and Others … Respondents
CORAM: - HON’BLE MR. JUSTICE B.B. MANGALMURTI
… For the Appellant : - Mr. P. C. Tripathi, Sr. Advocate and Mr. Jai Shankar Tripathi, Advocate. For the Respondent Nos. 1 to 4 :- Mr. Md. Imtiaz Khan, Advocate.
… I.A. No. 6250 of 2017
… 12/07.11.2019 Learned senior counsel appearing on behalf of the appellant has submitted that due to procedural delay which is beyond their control, the delay of one day has occurred in preferring this appeal. Learned counsel further prayed for condonation of delay.
Learned counsel for respondent Nos. 1 to 4 has opposed the prayer for condonation of delay and submitted that the delay has not been properly explained.
The reasons stated in the interlocutory application is found sufficient for condoning the delay, therefore, the delay of one day in filing the instant appeal, is hereby condoned.
Thus, I.A. No. 6250 of 2017 is allowed and disposed of.
…
Heard learned senior counsel appearing on behalf of the appellant as well as learned counsel for the Respondent Nos. 1 to 4.
Learned senior counsel appearing on behalf of the appellant has submitted that now the parties have compromised the matter and, accordingly, the payment has already been made and, therefore, he does not want to proceed further in this appeal. Learned senior counsel further submitted that as per the direction of this Court, Rupees Two Lakhs have been deposited in the Labour Court, Ranchi and the amount is still lying there. The prayer has been made that in
view of the compromise between the parties, the amount of Rupees Two Lakhs, which is lying deposited in the Labour Court may be ordered to be released in favour of respondent nos. 1 to 4, who were claimants in the Labour Court.
Learned counsel for the respondent nos. 1 to 4 acknowledged the factum of compromise between the parties and submitted that apart from the amount lying deposited in the Labour Court, rest of the amount were already received by the respondent nos. 1 to 4 and so he has no objection to the prayer made on behalf of the appellant.
Considering the above submissions of the parties as well as the interlocutory application filed on behalf of the applicant being I.A. No. 9017 of 2019 as well as supplementary affidavit to the above I.A. application, which has been filed as joint compromise between both the parties.
In this view of the matter, instant appeal is disposed of in terms of the compromise between the parties.
Since the amount of Rupees Two Lakhs have been deposited in pursuance to the order of this Court, dated 13.03.2019, the same shall be released in favour of the claimants/respondent nos. 1 to 4 by the Labour Court, Ranchi after its proper verification and identification.
With this observation and direction, the instant appeal alongwith I.A. No. 9017 of 2019 stands disposed of.
Let a copy of this order be transmitted to the Labour Court, Ranchi for information and its compliance.
(B.B. Mangalmurti, J.)
APK/Rajnish
Appellant
Sariyam Bibi and Others
B.B. Mangalmurti
As recorded by the court registry
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