Bihar State Co-Opt. Land Devp. B vs The State of Bihar and Others

Having heard learned counsel for the appellants, on application u/s 5 of the Limitation Act, we do not find any merit in the application as the appellant, Bihar State Co-operative Bank has failed to disclose any sufficient cause which could have prevented appellant from filing the appeal within the limitation period. Moreover, we have also examined the merit of the case and find that there is no merit in the appeal also.

The respondent-petitioner was litigant whose services had been terminated alongwith other employees of the Bank and after a long litigation up to the Supreme Court, those terminations were found to be invalid and all those employees have been reinstated with the back wages. Since the petitioner who was one of such employees, was dismissed simultaneously alongwith others, had not been given benefit of the order which forced petitioner to file separate petition.

The writ petition filed by the respondent-petitioner was allowed by the impugned order as per the decision rendered earlier by this Court and affirmed by the Supreme Court and was granted the same relief. There is no denial that the petitioner''s dismissal was exactly in same circumstances and for same reason which had been quashed by this Court and relief of reinstatement with back wages was granted to him and which judgment was affirmed by Supreme Court also. The present appeal has been filed only with view to deny the petitioner respondent of back wages. We do not find any reason to treat the respondent-petitioner different than other employees of the Bank who were part of the same dismissal transaction. Accordingly, this appeal is dismissed.