High CourtsDivision Bench(1999) 03 P&H CK 0024

Sher Singh vs State of Haryana and others

Punjab And Haryana At Chandigarh · Decided on 4 March 1999 · Citation: (2000) 1 ILR (P&H) 182 : (1999) 2 LLJ 1075

HON’BLE JUDGES
Jawahar Lal Gupta, J · A.S. Garg, J
CASE NUMBER
C.W.P. 423 of 1999

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Judgment

3 paragraphs · 243 words

Jawahar Lal Gupta, J.—The petitioner had approached the State Government with a prayer for referring his claim for reinstatement to the Labour Court. The petitioner''s request was declined,-- vide order dated June 6th, 1994. A copy of this order has been produced as Annexure P3 with the writ petition. The petitioner prays that the order be quashed. This case was listed for hearing before a Division Bench of this Court on January 14th, 1999. Their Lordships were pleased to direct that the counsel may explain the delay.

2.

No affidavit has been filed. However, it has been pointed out by Sri J.K. Goel that in paragraph 14 of the petition it has been averred that the petitioner being an illiterate person, did not know that the order of the Government could be challenge before the High Court in a writ petition. It is only when he contacted his counsel in December 1998 that he discovered about the availability of the remedy.

3.

After hearing the learned counsel we are satisfied that there is an inordinately long delay of more than four years in approaching the Court. We are not satisfied about the correctness of the explanation given by the petitioner. In any event, such an explanation, if accepted, would provide a defence to every illiterate person. The claim being highly belated, we find no ground to interfere with the order passed by the competent authority. Consequently, the writ petition is dismissed in limine.