(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The applicant has sought condonation of delay of 144 days in preferring the appeal. Learned counsel Mr.Vaishnav appearing for the respondent submitted that, in fact, the delay was running into 573 days. It was, however, conceded by learned counsel appearing on both the sides that the original order dated 8.7.2010 of learned Single Judge which is sought to be challenged in the appeal is in respect of the award dated 23.8.1996 of the Industrial Tribunal, Rajkot and in view of the recent decision of the Division Bench of this Court in Gustadji Dhanjisha Buhariwala and another Vs. Nevil Bamansha Buhariwala and others, [2011 (2) GLH 147] and Full Bench decision of this Court in Bhagyodaya Cooperative Bank Limited Vs. Natvarlal K.Patel and another, [2011 (3) GLR 2706], the appeal would not be maintainable, even as the Industrial Tribunal was not a party before learned Single Judge.
Under the circumstances, the application for condonation of delay in appeal which is admittedly not maintainable is not required to be entertained and accordingly dismissed.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top