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Rajeev Kumar v. Life Insurance Corporation of India & Ors.

Civil Appeal · 2017 INSC 630Decided 17 Jul 2017
Civil Appeal No. 9140 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant had challenged LIC's denial of work before the Allahabad High Court, which initially granted him interim relief but then disposed of his writ petition on the ground that his proper remedy lay under the Industrial Disputes Act. He claimed the judgment was never communicated to him, causing an eleven-year delay in filing his appeal before the High Court's Division Bench, which was dismissed solely on grounds of delay.

Decision Breakdown

The Supreme Court condoned the delay in filing the special leave petition and granted leave, but did not go into the merits of the work-denial dispute itself. It granted the appellant liberty to pursue the alternative remedy under the Industrial Disputes Act (as earlier indicated by the Single Judge), directing that if he approached that forum within two months, his claim should not be dismissed on the ground of delay. The appeal was disposed of on these terms with no order as to costs.

Lesson Learnt

Even where a litigant has lost years to delay and procedural dead-ends, the Supreme Court can revive access to the correct forum by granting a protected window to refile, provided the applicant acts within the time given.

Official source (sci.gov.in)View Judgment (PDF)

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