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Judgment
I.A No. 7944 of 2023
This interlocutory application has been filed for condonation of delay of 129 days in preferring the present Letters Patent Appeal.
After hearing the learned counsel for the parties and considering the facts and circumstances of this case and also after going through the cause shown in this interlocutory application seeking condonation of delay, I.A No. 7944 of 2023 is hereby allowed and delay in preferring the present Letters Patent Appeal is condoned.
L.P.A No. 139 of 2020
This Letters Patent Appeal has been filed against the writ Court’s order dated 5th September 2019 passed in W.P.(L) No. 3099 of 2015.
In M.J. Case No. 20 of 2013, the Labour Court at Dhanbad passed an order directing the Bharat Coking Coal Limited (in short, BCCL) to pay difference of HRA as per circular dated 29th June 2012 read with implementation instruction dated 22nd July 2009, within 60 days and also pay interest at the rate of 12% per annum after expiry of 60 days till the date of actual payment.
The writ Court however interfered with the award of interest at the rate of 12% per annum and reduced the same by 6% per annum.
Still not satisfied, the BCCL has approached this Court by filing the present Letters Patent Appeal.
The proceedings in this Letters Patent Appeal would disclose that the matter remained pending for about three years and, on 1st September 2023, the learned counsels appearing for the parties made a statement in the Court that there is a fair possibility of settlement of the dispute.
On 1st September 2023, this Court has passed the following order:
“Mr. Arpan Mishra, the learned counsel for the appellant on instructions from the authorized officer of the BCCL states that there is a fair chance of settlement of the dispute between the parties and for that purpose the matter has been referred for mediation during National Lok Adalat to be held on 9th September 2023.
Mr. Niranjan Singh, the learned counsel for the respondent states that the respondent has also shown his willingness to settle the dispute through mediation.
Let this matter appear on Board on 22nd September 2023 on which date the parties shall apprise the Court about settlement of the dispute.”
Today, at the outset, Miss Sonal Jaiswal, the learned counsel for the appellant-BCCL states that the dispute between the parties has been amicably settled in the National Lok Adalat held on 9th September 2023.
The learned counsel for the respondent tenders a photo copy of pay order for Rs. 4,42,512/- drawn in the name of Pramod Kumar Sharma who is the respondent in the present proceeding and states that the aforesaid amount has been paid to the respondent.
Taken on record.
Miss Sonal Jaiswal, the learned counsel for the appellant-BCCL states that now the present Letters Patent Appeal has been rendered infructuous.
Disposed of as such.