The single judge dismissed a writ petition challenging the Industrial Court's rejection of a delayed application for condonation of delay in a 2003 transfer order from Ahmednagar to Gauhati, noting the eight-year lapse and lack of prejudice. No order as to costs.
Writ Petition dismissed; no order as to costs.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.5999 OF 2011
Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.
Court's or Judge's orders
Mr.P.B.Patil, advocate for the petitioner.
Mr.Ashok Patil, advocate for the Respondent Nos.2 and
3.
CORAM : S.V.GANGAPURWALA,J.
Date : 16.11.2011.
PER COURT :
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counsel further contends that vide transfer order, the petitioner was transferred from Ahmednagar to Gauhati. Thereafter, the petitioner had made representation which also was not considered. The petitioner all the time making representations but the same was not being considered and eventually had filed the petition before the Industrial Court and as such the delay has been caused. The petitioner was job-less. All these aspects should have been considered by the Industrial Court.
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(S.V.GANGAPURWALA,J.)
Dt.16.11.2011. asp/office/wp5999.11
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3 issues framed by the court
Whether the Industrial Court correctly rejected the petitioner's delayed application for transfer condonation by examining merits instead of delay.
Whether the writ petition should be allowed in view of the eight-year delay in challenging the 2003 order of transfer.
Whether the petitioner's representations regarding joblessness and lack of awareness of the order negate the delay.
Petitioner
Respondent Nos.2 and 3
S.V.GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court