Neutral Citation No. - 2025:AHC-LKO:19470-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 133 of 2025 Appellant :- M/S Sadana Electrical Store Lko. Thru. Its Partner Sri Rajesh Sadana Respondent :- Presiding Officer, Labour Court Lko. And 3 Others Counsel for Appellant :- Shailesh Verma Counsel for Respondent :- C.S.C.,Rajesh Kumar Verma Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. (C.M. Application No.1 of 2025: Application for Condonation of Delay) 1. Heard. 2. This appeal has been filed with a reported delay of 176 days as on the date of filing 3. The appeal is accompanied with an application for condonation of delay supported by an affidavit. 4. Learned counsel for the respondents does not have any objection, if delay in filing the instant appeal is condoned and the matter is heard on merits. 5. Cause shown in the affidavit filed in support of application for condonation of delay is satisfactory and in absence of any objection, application for condonation of delay is allowed and delay in filing the special appeal is hereby condoned. (order on appeal) 6. The intra-Court filed under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 is directed against the judgment/order dated 03.09.2024 passed in Writ-C No.6926 of 2023. 7. It appears that the writ Court while allowing the writ petition has considered the fact that award rendered against the appellant previously on 15.07.2006 had since attained finality with the dismissal of writ petition Misc. Single No.5894 of 2006, therefore, there was no impediment coming in the way of implementation of the award. Although, an argument was put forth before us that the appellant had filed an application for recall of the order dated 20.02.2017 whereby the writ petition was dismissed for want of prosecution but on a careful consideration of the details, it has transpired that even the application seeking recall of the order dated 20.02.2017 was rejected for want of prosecution due to the lack of an application seeking condonation of delay in filing the recall application. The writ petition arising out of the award as per record has not been revived so far. 8. Learned counsel for the appellant could also not place before us any plausible justification for the condonation of delay, therefore, the scope of recall application filed before the writ court was nothing but a mere hope. Litigation between the parties has continued for decades now and must conclude on an equitable basis. 9. In these circumstances, it was proposed to the appellant that if he was ready to deposit the entire decretal amount of the award, out of which, a balance of Rs.9,71,682/- remained yet to be paid, in that event, all the pending proceedings may be concluded subject to compliance of the award. 10. Sri D.D. Chopra, learned Senior Counsel for the appellant, on the basis of instructions received from his client, has stated that the appellant is ready to comply with the award in toto by making necessary deposit of the residual amount of Rs.9,71,682/- within a period of 45 days from today and in that event, all the pending proceedings may be culminated in terms of the statement made by him. 11. We, accordingly, permit the appellant to make the deposit of Rs.9,71,682/- within a period of 45 days before this Court. On deposit of the aforesaid amount before this Court within the aforesaid period, the same shall be released in favour of respondent No.2 herein by the Senior Registrar of this Court on verifying her identity and for this purpose, the respondent No.2 shall appear before him on 28.05.2025. 12. On deposit of aforesaid amount before this Court by the appellant which shall be released in favour of respondent No.2 in the manner stated above, all the proceedings in the present appeal as well as the Writ Petition being Misc. Single No.5894 of 2006 wherein an application seeking recall of the order is pending shall stand terminated. 13. The contempt proceedings, if any, pending before this Court may also be finalised in terms of compliance of the order passed in this appeal. 14. Let a copy of this order be placed before the contempt court on the date fixed. 15. The instant intra-court appeal as well as Writ-C No.6926 of 2023 shall stand disposed of in terms of the order passed. (Ajai Kumar Srivastava-I, J.) (Attau Rahman Masoodi, J.) Order Date :- 7.4.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench