This judgment dismissed a Writ Petition challenging the Labour Court's dismissal due to delay. The High Court held that the Revisional Court correctly found no sufficient cause to condone the delay, and its order was not erroneous or perverse.
Petition dismissed; decision of the Revisional Court affirmed.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISIDICTION
Writ Petition No. 3825 of 2007
Shivaji Limbaji Jadhav ..Petitioner
vs.
Pandharpur Urban Coop.Bank Ltd. ..Respondent
Shri P.R.Arjunwadkar for petitioner.
CORAM: S.C.DHARMADHIKARIJ.
18th July, 2007
P.C.
1. Heard Shri Arjunwadkar, learned Advocate appearing for
the petitioner.
2. The petitioner approached the Labour Court after a
delay of 3 years, 8 months and 16 days invoking its
jurisdiction under the Maharashtra Recognition of Trade
Union and Prevention of Unfair Labour Practice Act, 1971
alleging unfair labour practice on the part of the
respondent employer.
3. Admittedly, the petitioner was dismissed from service
on 30th January, 1995. He was told by the employer on
15th April, 1995 that it would not be possible for the
employer to reinstate him in service.
4. Subsequently, any correspondence/representation with
the employer has rightly found to be of no assistence in
condoning the delay. Additionally, the reason put forward
was found to be vague and lacking in material particulars.
In these circumstances, the finding of the Revisional
Court that no sufficient cause was made out for condoning
the delay in approaching the Labour Court cannot be said
to be vitiated by any error apparent or can be termed as
perverse so as to call for interference under Article 227
of the Constitution of India. The petition is dismissed.
(S.C.DHARMADHIKARI J.)
2 issues framed by the court
Whether the Revisional Court erred in finding no sufficient cause to condone the delay in approaching the Labour Court.
Whether the appellate court should interfere under Article 227 of the Constitution of India in the labour dispute.
Shivaji Limbaji Jadhav
Pandharpur Urban Coop. Bank Ltd.
S.C. DHARMADHIKARI J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court