In a writ petition challenging non-implementation of a Tribunal order, the Court held that despite a six-year delay, the petition was maintainable.
Directed respondents to implement the Tribunal order dated 06.06.2016 within six weeks of receipt of the order.
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HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.P.No.25474 of 2019
ORDER
When the matter is taken up for hearing, learned counsel for the petitioner submits that the respondents are not implementing the order dated 06.06.2016 passed by the Tribunal in O.A.No.286 of 2013. Since the said order passed by the Tribunal attained finality, the respondents are bound to implement the said order. However, without assigning any reasons, the respondents are not implementing the said order. Learned counsel drawn the attention of this Court to the order dated 25.10.2018 passed by a Division Bench of this Court in W.P.No.30605 of 2018 and contended that the Division Bench of this Court considered the similar issue and directed the respondents therein to implement the order passed by the Tribunal within six weeks. It is prayed that appropriate orders be passed in the writ petition directing the respondents to implement the order dated 06.06.2016 passed in O.A.No.286 of 2013 within a reasonable period of time.
The Special Government Pleader appearing for the respondents submits that the Tribunal passed the order in the year 2013 and the present writ petition is filed in the year 2019. The petitioners have approached this Court after nearly six years from the date of passing of the order by the Tribunal.
Therefore, the writ petition is not maintainable and the same is liable to be dismissed on the ground of delay and latches.
This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that the Division Bench of this Court in its orders in W.P.No.30605 of 2018 dated 25.10.2018, after considering the issue of delay, directed the respondents therein to implement the order passed by the Tribunal. When the Division Bench of this Court, after considering the issue of delay, directed the respondents therein to implement the order passed by the Tribunal, this Court is of the considered view that this writ petition can be disposed of directing the respondents to implement the order dated 06.06.2016 passed by the Tribunal in O.A.No.286 of 2013 within a period of six weeks from the date of receipt of a copy of this order.
With the above direction, the writ petition is disposed of. No costs.
Miscellaneous petitions, pending, if any, shall stand closed.
_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI
Date: 07.01.2020 rkk
1 issue framed by the court
Whether this Court can direct implementation of a Tribunal order despite a delay of six years in filing the writ petition.
Colour shows how this judgement treated each authority
Division Bench of this CourtReferred¶4
W.P.No.30605 of 2018 dated 25.10.2018
Petitioner
Respondents
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
