HIGH COURT OF MEGHALAYA AT SHILLONG MC(WA) No. 78 of 2024 MC(WA) No. 96 of 2024 MC(WA) No. 97 of 2024 MC(WA) No. 2 of 2025 MC(WA) No. 1 of 2025 MC(WA) No. 4 of 2025 with MC(WA) No. 3 of 2025 MC(WA) No. 6 of 2025 with MC(WA) No. 5 of 2025 MC(WA) No. 8 of 2025 with MC(WA) No. 7 of 2025 MC(WA) No. 14 of 2025 with MC(WA) No. 13 of 2025 MC(WA) No. 16 of 2025 with MC(WA) No. 15 of 2025 MC(WA) No. 18 of 2025 with MC(WA) No. 17 of 2025 MC(WA) No. 20 of 2025 with MC(WA) No. 19 of 2025 MC(WA) No. 22 of 2025 with MC(WA) No. 21 of 2025 MC(WA) No. 24 of 2025 with MC(WA) No. 23 of 2025 MC(WA) No. 26 of 2025 with MC(WA) No. 25 of 2025 MC(WA) No. 27 of 2025 with MC(WA) No. 28 of 2025 Date of order: 19.05.2025 State of Meghalaya vs. Eniwelstar Marwein & ors. State of Meghalaya vs. Synsharbha Nongbsap State of Meghalaya vs. Phumiza Najiar & ors. State of Meghalaya vs. Aromarose Dhar & ors. State of Meghalaya vs. Precious Stone Pale & ors. State of Meghalaya vs. Vernon R.M. Kharkongor & ors. State of Meghalaya vs. Cham Bareh & ors. State of Meghalaya vs. Loka Paswet & ors. State of Meghalaya vs. Winfrithstar Nongtdu & ors. Serial Nos. 1-15 Daily List 2025:MLHC:405-DB 2025:MLHC:417-DB State of Meghalaya vs. Wanlana Shadap & ors. State of Meghalaya vs. Dilbok Singh & ors. State of Meghalaya vs. Eborhi Myrphet & ors. State of Meghalaya vs. Heisar Shylla & ors. State of Meghalaya vs. Lumlang Malang & ors. State of Meghalaya vs. Deiwa Passah & ors. Coram: Hon’ble Mr. Justice I.P. Mukerji, Chief Justice Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Appellants : Mr. A. Kumar, AG with Ms. R. Colney, GA For the Respondents : Mr. K.C. Gautam, Adv with Mr. Philemon Nongbri, Adv Mr. E. Lalsangluaia, Adv This order is passed in each of the above appeals and applications. We record with appreciation the fairness shown by learned counsel for the respondents. There is no denial that the explanation of delay in the Section 5 application is not sufficient. Nevertheless, the State of Meghalaya is involved as the appellant. A very substantial and important issue is the subject-matter of the writ and the appeal, namely whether recommendation of the Pay Commission would apply to the employees of the work-charged establishments of the State. The learned single judge by the impugned judgment and order has held that it would be applicable to all the employees whereas according to the State, it has limited application. 2025:MLHC:405-DB 2025:MLHC:417-DB Dismissal of the appeal on the ground of delay would result in disposal of the appeal on a technical ground leaving the substantive issue undecided. Considering the above and also bearing in mind the most reasonable stand taken by learned counsel for the respondents, we condone the delay. The Section 5 application is allowed. We direct the Registry to register the appeal. Each of the miscellaneous applications [MC(WA) No. 78 of 2024, MC(WA) No. 96 of 2024, MC(WA) No. 97 of 2024, MC(WA) No. 2 of 2025 with MC(WA) No. 1 of 2025, MC(WA) No. 4 of 2025 with MC(WA) No. 3 of 2025, MC(WA) No. 6 of 2025 with MC(WA) No. 5 of 2025, MC(WA) No. 8 of 2025 with MC(WA) No. 7 of 2025, MC(WA) No. 14 of 2025 with MC(WA) No. 13 of 2025, MC(WA) No. 16 of 2025 with MC(WA) No. 15 of 2025 MC(WA) No. 18 of 2025 with MC(WA) No. 17 of 2025, MC(WA) No. 20 of 2025 with MC(WA) No. 19 of 2025, MC(WA) No. 22 of 2025 with MC(WA) No. 21 of 2025, MC(WA) No. 24 of 2025 with MC(WA) No. 23 of 2025, MC(WA) No. 26 of 2025 with MC(WA) No. 25 of 2025, MC(WA) No. 27 of 2025 with MC(WA) No. 28 of 2025] is allowed. (W. Diengdoh) (I.P. Mukerji) Judge Chief Justice 2025:MLHC:405-DB 2025:MLHC:417-DB Digitally signed by SYLVANA LIZ KHARBHIH Date: 2025.05.19 19:03:18 IST