Union of India v. Nina Pradhan
Case brief
What is this about?
Single judge maintained the impugned award after condoning delay. Payment direction issued based on Union of India Vrs. Rina Devi precedent. FAO dismissed with direction.
What did the court decide?
Failed application dismissed with reservation to apply Bibekananda Pattanaik precedent and direct payment release in accordance with Union of India Vrs. Rina Devi judgment.
What the court decided
FAO No.362 of 2014
4. 12.02.2020 Misc. Case No.688 of 2014
Heard learned counsel for the appellant and learned counsel for the respondent nos.1 & 2.
This Misc. Case has been filed for condonation of delay in filing the appeal.
Considering the submissions made by the parties and the averments made in this Misc. Case, the delay in filing the appeal stands condoned.
The Misc. Case stands disposed of.
.…….....……………..…
(Biswanath Rath, J.)
5. 12.02.2020
F.A.O. No.362 of 2014
Heard learned counsel for the appellant and learned counsel for the respondent nos.1 & 2.
Considering the rival contentions of the parties, and while applying the decision of this Court in the case of Bibekananda Pattanaik and two others versus Union of India, represented through General Manager, East Coast Railway, Bhubaneswar as reported in 2016(I) OLR 972 to this case at hand, the impugned award is maintained and payment, if any, pursuant to the impugned award shall be released in favour of the claimants in terms of the decision in the case of Union of India Vrs. Rina Devi reported in 2018 (3) TAC 26 (SC) .
Issues for consideration
3 issues framed by the court
Whether the impugned award should be maintained and payment released in favour of the claimants.
Whether the delay in filing the appeal before this court required condonation.
The effect of applying the precedent Bibekananda Pattanaik on the impugned award.
Parties & counsel
- appellant
Appellant
- respondent
Respondents 1 and 2
Coram
Biswanath Rath
Case details
As recorded by the court registry
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