The Bombay High Court dismissed the writ petition challenging the Government of India's refusal to refer a termination dispute to an adjudicator under the Industrial Disputes Act, holding the petitioner guilty of gross delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3471 OF 2006.
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Office Notes, Office Memoranda l
of Coram, appearances, Court’s l
Orders or directions and l
Registrar’s orders. l Court’s or Judges’ Order
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G. M. Joshi for the Petitioner.
Rita K. Joshi i/b A. D. Shetty for
respondent.
CORAM: S.B.MHASE & D.G.KARNIK, JJ.
DATE: October 22, 2007.
P.C.
1. Heard. By order dated 31st
May 2004, the Government of India declined
to make a reference under the Industrial
Disputes Act about the alleged dispute
relating to the termination of services of
the petitioner on the ground that the
petitioner is not a workman. The
petitioner is not workman is clearly a
possible finding of fact. We notice that
the petition is filed in April 2006 after
a period of two years of the impugned
order. The delay is not at all explained
in the petition. The petitioner is guilty
of gross delay and latched in approaching
this Court. The petition is rejected
summarily.
(D.G.KARNIK,J.) (S.B.MHASE, J.)
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1 issue framed by the court
Whether the writ petition is liable to be rejected on account of gross delay and latching on.
G. M. Joshi
R. K. Joshi
S.B.Mhase
D.G.Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court