Bihar State Road Transport Corporation Vs. Presiding Officer, Industrial Tribunal & Ors.
EmailAppeal: Review Petition (C) No. 166 of 2000
In
Special Leave Petition (C) No. 11106 of 1998
In
Special Leave Petition (C) No. 11106 of 1998
Petitioner: Bihar State Road Transport Corporation
Respondent: Presiding Officer, Industrial Tribunal & Ors.
Apeal: Review Petition (C) No. 166 of 2000
In
Special Leave Petition (C) No. 11106 of 1998
In
Special Leave Petition (C) No. 11106 of 1998
Judges: S.B. MAJMUDAR & M. JAGANNADHA RAO, JJ.
Date of Judgment: Jul 26, 2000
Head Note:
CONSTITUTION
Article 137 – Review – Delay of 525 days – Irrelevant explanation that petitioner has no money to pay to employees – An order of 1998 between parties, where petitioner was not party, relied upon – Said order not relied upon when leave petition was argued. Held that there are no grounds to condone the delay or to review the orders. (Para 1)
JUDGEMENT:
ORDER
1. 525 days’ delay in filing the Review Petition is not satisfactorily explained by the petitioner-Road Transport Corporation. Whether the Corporation has money or not, to pay salaries to regular employees is totally irrelevant for explaining the delay. Similarly, rehabilitation package of the Corporation which is approved by this Court in Civil Appeal No. 7290 of 1994 also cannot be of any avail for obvious reasons. Firstly, the order dated 21st January, 1998, which is relied upon is an interim order of this Court inter parties where the petitioner was not in the picture. Secondly, even assuming that this order could have been relied upon by the petitioner as it was rendered on 21st January, 1998 when the special leave petition was argued on 14th July, 1998 no attempt was made to point out or to rely upon the said order. Consequently, even on merits the review petition is liable to fail and is, therefore, dismissed both on the ground of not satisfactorily explained delay as well as on merits.
1. 525 days’ delay in filing the Review Petition is not satisfactorily explained by the petitioner-Road Transport Corporation. Whether the Corporation has money or not, to pay salaries to regular employees is totally irrelevant for explaining the delay. Similarly, rehabilitation package of the Corporation which is approved by this Court in Civil Appeal No. 7290 of 1994 also cannot be of any avail for obvious reasons. Firstly, the order dated 21st January, 1998, which is relied upon is an interim order of this Court inter parties where the petitioner was not in the picture. Secondly, even assuming that this order could have been relied upon by the petitioner as it was rendered on 21st January, 1998 when the special leave petition was argued on 14th July, 1998 no attempt was made to point out or to rely upon the said order. Consequently, even on merits the review petition is liable to fail and is, therefore, dismissed both on the ground of not satisfactorily explained delay as well as on merits.
