Dismissed

Mazgaon Containers and Fabricators Pvt. Ltd. v. Dilip S. Lokhande

Bombay HC18 Jul 2005WP/1686/2005

Case brief

AI extract

What is this about?

In a writ petition challenging an industrial award, the bench held that the petitioner, having refused to accept registered intimation of the award, was deemed to have knowledge thereof. The petition was dismissed as barred by a delay of over four years.

What did the court decide?

Writ petition rejected and dismissed as barred by excessive delay of more than four years.

Mazgaon Containers and Fabricators Pvt. Ltd… — Pension and Retirement Benefits | Bombay HC (2005)

¶1

 IN THE HIGH COURT OF JUDICATURE OF BOMBAY

¶2

 ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

 WRIT PETITION NO. 1686 of 2005

¶4

 Mazgaon Containers & Fabricators P.Ltd. Petitioners

¶5

 versus

¶6

 Dilip S. Lokhande .. Respondent

¶7

 Mr.P.K. Rele with R.P.Rele with Piyush Shah for the

¶8

 petitoiner.

¶9

 Mr.Y.N. Pendse for the respondent no.1.

¶10

 CORAM : D.G. KARNIK,J.

¶11

 DATED : 18th July 2005.

¶12

 P.C.:

¶13

 1. Heard learned counsel for the petitioners

¶14

 and respondent no.1.

¶15

 2. Perused the affidavit in reply filed by
 respondent no.1. Learned counsel for the respondent
 no.1 points out that the impugned award was passed on
 12th February 2001 and the present Writ Petition has
 been filed on 13th June 2005 after a lapse of more

¶16

 than four years. Learned counsel for the respondent
 no.1 also points out that the intimation of the award
 was sought to be given by respondent no.1 to the
 petitioner by registered post A.D. but the
 petitioner declined to accept the registered
 communication. The petitioner therefore must be
 deemed to have the knowledge of the award. No
 sufficient explanation is offered by the petitioner
 for the delay in challenging the award passed in
 favour of an employee.

¶17

 3. Petition is rejected.

¶18

 D.G. KARNIK, J

Mazgaon Containers and Fabricators Pvt. Ltd. v. Dilip S. Lokhande

Case brief

What is this about?

What did the court decide?

Mazgaon Containers and Fabricators Pvt. Ltd. v. Dilip S. Lokhande

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. Delmon Poultry Products Vs M/S. Deccan Hatcheries and Ors.

M/S. Bhavana Printers Vs Shree Madhusudan Mills Ltd.

Rama Shankar Ugarman Vs Mashurdas Sevakramal and Ors.

Vijay Natwarlal Lakhani Vs R. S. Co-Op. Bank Ltd.

M.G.Gujar Vs Indian Institute of Packaging

Abbubhakar Irshad Ali and Anr. Vs Trafalgar House Construction and Ors.