•
SRI MANOHAR
A
v.
STATE OF KARNATAKA AND ORS.
NOVEMBER 2, 1995
[K. RAMASWAMY AND B.L. HANSARIA, .JJ.]
B
Service Law :
Tribunal dismissing the case on ground of lache;~E.xplanation given
for !aches not controve1ted by the other employer-Matter remitted back to
C
T1ibunal to examine and dispose of the case on moits.
This appeal is against the Karnataka Administrative Tribunal'>
order dismissing the appellant's case on the ground of !aches.
Disposing of the appeal, this Court
HELD : In view of the fact that the respondents have not con-
troverted the explanation given for the !aches, there is some justification
D
for the appellant to tile the proceedings at belated stage. However, the
relief cannot be granted since on counter-affidavit has been filed. The
matter is remitted to the Tribunal to examine the case on merits and E
dispose of the matter according to law. (726-B]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10213 of
1995.
From the Judgment and Order dated 5.3.93 of the Karnataka Ad-
F
ministrative Tribunal in Application No. 611 of 1993.
R. S. Hagde for P.P. Singh for the Appellant.
Ms. Manjula Kulkarni for M. Veerappa for the Respondents.
G
The following Order of the Court was delivered :
Leave granted.
In spite of an opportunity having been given to the respondents to
file counter-affidavit by our order dated October 11, 1993, till date no H
725
72fJ
SUPREME COURT REPORTS (1995) SUPP. 4 S.C.R.
A counter-affidavit has been filed. The Tribunal had dismissed the case on
the ground of !aches. In view of the fact that the respondents have not
controverted the explanation given for the !aches, we find that there is some
justification for the appellant to file the proceedings at belated stage.
However, the relief cannot be granted here since no counter-affidavit has
B been filed. In the circumstances, we remit the matter to the Tribunal to
examine the case on merits and dispose of the matter according to law.
The appeal is disposed of accordingly. No costs.
G.N.
Appeal disposed of.
. "-
Lex