IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.138 of 2008
SISTER MARY ELISE
Versus
THE STATE OF BIHAR & ORS
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For the appellant : Mr.Amarendra Narayan, Advocate
For the respondents : Mr.Manindra Kr.Singh, G.P.12
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PRESENT
Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal
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Dated, the 1st July, 2008.
We heard the counsel for the appellants.
2. The appeal suffers from delay of 22 days and for that
an application ( I.A.No.913/2008) has been made. Even if we condone
the delay in filing the appeal for the reasons set out in the application,
we are of the view that the appeal has no merit at all.
3. Although the first proviso to sub-section (2) to Section
20 of the Minimum Wages Act, 1948, provides that every application
with regard to claim of wages shall be presented within six months
from the date on which the minimum wages or other amount became
payable, the second proviso carves out an exception. It provides that
any application will be admitted after the period of six months when
the applicant satisfies the authority that he had sufficient cause for not
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making such application within the period. We find that the statutory
authority by his order dated 28th of July, 2003, condoned the delay in
making the application within six months of the claim and proceeded
to deal with the matter on merits accordingly. In this fact-situation, we
are of the view that the decision of this court in the case of Gango
Sharma Vs. The State of Bihar & Ors., reported in 2003 (2) PLJR
671, has no application.
4. The consideration of the matter by the Single Judge
does not call for any interference. Letters Patent Appeal is dismissed
in limine.
5. In view of dismissal of appeal in limine, the stay
petition (I.A.No.2724/2008) does not survive and is dismissed.
R.M. Lodha, CJ
Kishore K. Mandal, J.
Sunil
