(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The applicant has sought condonation of delay of 403 days in preferring the appeal only on the ground that he was facing financial hardship and, therefore, could not arrange the amount of expenses to be incurred in filing the appeal. That ground is not substantiated by any material whatsoever and therefore, no explanation, worth the name, much less a satisfactory explanation about the inordinate delay could be found on record. However, since learned counsel Mr. Rathod appearing for the applicant submitted that the applicant is a workman and his meritorious case on merits may not be disposed without appreciating the contentions in the appeal, we have heard learned counsel on merits of the appeal. He fairly conceded that the order dated 28th February 2011 of learned Single Judge of this Court in Special Civil Application No. 1161 of 2011, which is sought to be challenged in the appeal, is mainly based on the fact that the applicant and three other petitioners had staked their claim for employment under the respondent on the basis of the Selection List in which they were included in the year 2001. There was no dispute about the fact that the petitioners had approached this Court almost 11 years later. Therefore, the petition of the original petitioners was bound to be dismissed only on the ground of delay and laches. Thus, prima facie, there being no substance in the appeal in which the present application is made and in view of absence of any explanation for the delay, the present application is dismissed.
[ D. H. Waghela, J. ] [ G. B. Shah, J. ] hiren Top