The High Court of Judicature at Bombay rejected a writ petition filed for protection of employment and to challenge termination, citing gross and unexplained delay and the fact that the relied-upon Full Bench decision was overruled by the Apex Court.
No relief granted; the petition is rejected.
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.
25-WP-7554-2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7554 OF 2016
Jayshree M. Lohar … Petitioner Vs Food Corporation of India and Anr. ... Respondents
Mr. T.V.Jadhav I/by Mr. R.K.Mendadkar for the Petitioner.
CORAM : A.S.OKA & SANDEEP K. SHINDE J J. DATE : 5 DECEMBER, 2018
P.C. :
The prayer in this Petition under Article 226 of the Constitution of India is for grant of protection to the employment of the Petitioner on the basis of decision of the Full Bench of this Court in Arun s/o Vishwanath Sonone v. State of Maharashtra and Ors. 1 . It is not in dispute that the said decision has been overruled by the Apex Court. The second prayer is for challenging the order dated 16 th April, 2010 by which the employment of the Petitioner was terminated. For challenging the said order, the present Petition has been filed on 4 th April, 2016. The Petition suffers from gross delay
1 2015 (1) Mh.L.J.457
Shivgan 1/2
25-WP-7554-2016.odt
and latches for which there is absolutely no explanation. Hence, no
relief can be granted in the Writ Petition. Accordingly the Petition is
rejected.
(SANDEEP K. SHINDE, J.) (A.S.OKA, J.)
Shivgan 2/2
2 issues framed by the court
Whether the writ petition seeking protection to employment and challenging termination order should be allowed despite gross delay and the overruling of the cited Full Bench decision.
Whether the gross delay in filing the petition for challenging the termination order warrants rejection.
Colour shows how this judgement treated each authority
Arun s/o Vishwanath Sonone v. State of Maharashtra and Ors.Referred¶8
Arun s/o Vishwanath Sonone v. State of Maharashtra and Ors. 1
Jayshree M. Lohar
Food Corporation of India
Anr.
A.S. Oka
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
