The Single Judge declined to condone a 145-day delay. The Court held that the Labour Court's finding of fact regarding a labourer's 5-year tenure, based on the employer's own certificate, should not be interfered with, rendering condonation unnecessary.
Composite application dismissed; no condonation of delay granted.
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.
1 CAW 418.11
Kambli
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.418 OF 2011 IN LETTERS PATENT APPEAL NO. OF 2011 IN WRIT PETITION NO.10310 OF 2010
... The State of Maharashtra & ors. ...Petitioners v/s. Shri Pandurang Walu Rathod ...Respondent
Mr.A.B.Vyagani, AGP for the Petitioners. None for the Respondent.
CORAM: D.K.Deshmukh & Anoop V. Mohta, JJ DATED: 21st November, 2011
P.C.:
2 CAW 418.11
reinstatement in service with 25% back wages to a labourer. The Labour Court as a fact has found that the concerned labourer has completed 5 years of service from 1985 to 1990. This conclusion is based on the certificate issued by the officer of the Appellant itself. Considering that the award is based on finding of fact and it is only labourer who has got the benefits of the award, we do not find that this is a case where the Appeal court should exercise its jurisdiction to interfere with the discretion of the Labour Court. Therefore, no useful purpose will be served by condoning the delay. Both Civil Application and Appeal are, therefore, disposed of.
(Anoop V. Mohta, J.)
(D.K.Deshmukh, J.)
3 CAW 418.11
4 CAW 418.11
2 issues framed by the court
Whether the delay in filing the application for condonation should be excused.
Whether the Appeal Court should interfere with the Labour Court's factual findings regarding reinstatement and back wages.
The State of Maharashtra & ors.
Shri Pandurang Walu Rathod
D.K. Deshmukh
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
