Dr. Vikramaditya Singh Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:
- motor vehicles act, 1988 [c.a. no. 59/1988]section 173(1) proviso; [d. biswas, amitava roy & i.a.ansari, jj] appeal without statutory deposit but within limitation/or extended period of limitation maintainability - held, if the provision of a statute speaks of entertainment of appeal, it denotes that the appeal cannot be admitted to consideration unless other requirements are complied with. the provision of sub-section (1) of section 173 permits filing of an appeal against an award within 90 days with a rider in the first proviso that such appeal filed cannot be entertained unless the statutory deposit is made. the period of limitation is applicable only to the filing of the appeal and not to the deposit to be made. it, therefore, appears that an appeal filed under section 173 cannot be entertained i.e. cannot be admitted for consideration unless the statutory deposit is made and for this purpose the court has the discretion either to grant time to make the deposit or not. no formal order condoning the delay is necessary, an order of adjournment would suffice. the provisions of limitation embodied in the substantive provision of the sub-section (1) of section 173 of the act does not extend to the provision relating to the deposit of statutory amount as embodies in the first proviso. therefore an appeal filed within the period of limitation or within the extended period of limitation, cannot be admitted for hearing on merit unless the statutory deposit is made either with the memo of appeal or on such date as may be permitted by the court. no specific order condoning any delay for the purpose of deposit under first proviso to sub-section (1) of section 173 is necessary. [new india assurance co. ltd. v md. makubur rahman, 1993 (2) glr 430 and new india assurance co. ltd. v smt rita devi, 1997(2) glt 406, approved. new india assurance co. ltd. v birendra mohan de, 1995 (2) gau lt 218 (db) and union of india v smt gita banik, 1996 (2) glt 246, are not good law]. orderr.r. prasad, j.1. heard the parties.2. learned counsel appearing for the petitioner submits that the petitioner earlier did work for the period from 29.10.1968 to march, 1988 as lecturer in the krishna ballabh college, bermo affiliated then to ranchi university. subsequently, the petitioner joined magadh university in the year 1988 but when certain payments, due to be paid to the petitioner, were not made, the petitioner filed a writ application before the patna high court, patna putting claim for the payment for the period from 1968 to 1988 while the petitioner was posted as lecturer in krishna ballabh college, bermo and the said case was disposed of by giving direction to binpba bhave university, hazaribagh to decide the claim of the petitioner, but unfortunately, the authority of binoba bhave university, hazaribagh did not pass any order with respect to payment which the petitioner was entitled to get for the period from 1968 to 1988 and, therefore, the petitioner has filed this writ application putting forth claim of rs. 1,11,429/-as dues to be paid to the petitioner on different counts, but binoba bhave university, hazaribagh has been taking plea that binoba bhave university is not liable for making payment of dues, which is due for the period from 1968 to 1988, as during that period binoba bhave university had not come into being and this assertion has been made in the counter affidavit filed on behalf of the binoba bhave university.3. however, mr. a.k. mehta, learned counsel appearing for the ranchi university submits that though the petitioner has filed this writ application making ranchi university as respondent, but no such representation has been filed before the authority of ranchi university and as such, no order in this respect was passed by the ranchi university.4. in view of the submissions made by learned counsel for the parties, this application is disposed of with a direction to the petitioner to file a fresh representation before the registrar, ranchi university, ranchi putting forth claim of the dues by getting those claims certified by the principal of krishna ballabh college, bermo and the registrar, ranchi university, ranchi shall be deciding the claim of the petitioner within three weeks from the date of filing of the representation.with this observation and direction, this application stands disposed of.

Judgment:
ORDER

R.R. Prasad, J.

1. Heard the parties.

2. Learned Counsel appearing for the petitioner submits that the petitioner earlier did work for the period from 29.10.1968 to March, 1988 as Lecturer in the Krishna Ballabh College, Bermo affiliated then to Ranchi University. Subsequently, the petitioner joined Magadh University in the year 1988 but when certain payments, due to be paid to the petitioner, were not made, the petitioner filed a writ application before the Patna High Court, Patna putting claim for the payment for the period from 1968 to 1988 while the petitioner was posted as Lecturer in Krishna Ballabh College, Bermo and the said case was disposed of by giving direction to Binpba Bhave University, Hazaribagh to decide the claim of the petitioner, but unfortunately, the Authority of Binoba Bhave University, Hazaribagh did not pass any order with respect to payment which the petitioner was entitled to get for the period from 1968 to 1988 and, therefore, the petitioner has filed this writ application putting forth claim of Rs. 1,11,429/-as dues to be paid to the petitioner on different counts, but Binoba Bhave University, Hazaribagh has been taking plea that Binoba Bhave University is not liable for making payment of dues, which is due for the period from 1968 to 1988, as during that period Binoba Bhave University had not come into being and this assertion has been made in the counter affidavit filed on behalf of the Binoba Bhave University.

3. However, Mr. A.K. Mehta, learned Counsel appearing for the Ranchi University submits that though the petitioner has filed this writ application making Ranchi University as respondent, but no such representation has been filed before the Authority of Ranchi University and as such, no order in this respect was passed by the Ranchi University.

4. In view of the submissions made by learned Counsel for the parties, this application is disposed of with a direction to the petitioner to file a fresh representation before the Registrar, Ranchi University, Ranchi putting forth claim of the dues by getting those claims certified by the Principal of Krishna Ballabh College, Bermo and the Registrar, Ranchi University, Ranchi shall be deciding the claim of the petitioner within three weeks from the date of filing of the representation.

With this observation and direction, this application stands disposed of.