Delay Condonation Denied for Lack of Diligence | HC

Case details: T. Srinivasa vs. Chief Traffic Manager B.M.T.C. Central office - [2025] 181 taxmann.com 237 (HC - Karnataka)

Judiciary and Counsel Details

• K. Somashekar & Venkatesh Naik T., JJ.
• Shekar L., Adv. for the Appellant. 
• Smt. H.R. Renuka, Adv. for the Respondent.

Facts of the Case

In the instant case, the appellant-workman of the respondent corporation was dismissed from service for unauthorised absence. At the time of dismissal, an industrial dispute concerning the union was pending, and the appellant asserted that, being a concerned workman, no approval under Section 33(2)(b) was obtained.

The Single Judge passed an order in 2011 in writ proceedings relating to the matter. On appeal to the High Court, the appellant filed a writ appeal seeking condonation of 1202 days’ delay, stating that the corporation had come forward to settle dismissal cases passed during the pendency of ID No.148/2005 and that, believing his case would also be considered, he pursued a complaint under Section 33A and filed an appeal after the respondent invoked res judicata.

The Respondent opposed, contending that appellant remained silent despite the 2011 decision on merits, no similar cases were settled, a nearly four-year delay reflected negligence, and appellant had not discharged duties since 2005

High Court Held

The High Court held that since the appellant was neither diligent nor vigilant in filing an application seeking condonation of the delay, nor in seeking the intervention of the order passed by the Single Judge, the delay application would not survive for consideration.

Consequently, the application filed for condonation of delay was to be dismissed. In view of the dismissal of the delay application, there was no consequence to consider the prayer urged in the appeal, and hence, the appeal was also to be dismissed

List of Cases Referred to

• Jaipur Zila Sahakari Bhoomi Vikas Bank v. Ram Gopal Sharma AIR 2002 SC 643 (para 4)
• New Motors (Private) Ltd. v. Morris (KT) 1961 LLJ 551 (para 6)
• Pradeep Phosphates Ltd. v. Sankar Das 2012 (1) LLJ Ori 519 (para 6)
• Top Security Ltd. v. Subhas Chander Jha [LLP No. 1044 of 2011, dated 16-7-2012] (para 6)
• Engineering Laghu Udyog Employees Union v. Judge, Labour court and Industrial Tribunal [2004] 2003 taxmann.com 4513 (SC) (para 6)
• Chief Traffic Manager, BMTC v. M. Narayana Reddy 2013-iii LLJ KANT 80 (para 6)
• State of Bihar v. Kameshwar Prasad Singh (2000) 9 SCC 94 (para 15)
• State of Uttaranchal v. Alok Sharma (2009) 7 SCC 647 (para 15)
• Gurusharan Singh v. New Delhi Municipal Committee AIR 1996 SC 1175 (para 15)
• Surya Dev Rai v. Ram Chander Rai 2003(3) KLT 490 (para 16)
• Mahindra and Mahindra ltd. v. N.B. NaravadeDE 2005 taxmann.com 1958 (SC) (para 17)