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Judgment
This matter is taken up through video conferencing mode.
The challenge in the present writ petition is to an order dated 18 th November, 2019 passed by the Central Government Industrial Tribunal-cum-
Labour Court, Bhubaneswar (CGIT) in I.D. Case No.63 of 2016.
Although the present petition has been filed on 10th April, 2021, i.e., nearly one and half years after the said order of the CGIT and there is no
explanation offered anywhere in the petition for the inordinate delay in filing the present petition.
The Supreme Court has repeatedly stressed that the delay in approaching the Court to be given properly explained by the State and yet no such
explanation has been made in the present petition. In The State of Madhya Pradesh v. Bherulal 2020 SCC OnLine SC 84 9the Supreme Court
observed:
 “6. We are also of the view that the aforesaid approach is being adopted in what we have categorized earlier as “certificate casesâ€. The object appears to be
to obtain a certificate of dismissal from the Supreme Court to put a quietus to the issue and thus, say that nothing could be done because the highest Court has
dismissed the appeal. It is to complete this formality and save the skin of officers who may be at default that such a process is followed. We have on earlier occasions
also strongly deprecated such a practice and process. There seems to be no improvement. The purpose of coming to this Court is not to obtain such certificates and
if the Government suffers losses, it is time when the concerned officer responsible for the same bears the consequences. The irony is that in none of the cases any
action is taken against the officers, who sit on the files and do nothing. It is presumed that this Court will condone the delay and even in making submissions,
straight away counsels appear to address on merits without referring even to the aspect of limitation as happened in this case till we pointed out to the counsel that
he must first address us on the question of limitation.
We are thus, constrained to send a signal and we propose to do in all matters today, where there are such inordinate delays that the Government or State
authorities coming before us must pay for wastage of judicial time which has its own value. Such costs can be recovered from the officers responsible.â€
The writ petition is accordingly dismissed on the ground of laches.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.