Milind Narayan Nere v. Mahindra And Mahindra Ltd.

Rane * 1/2 * WP-187-2015.doc (sr. no.27) Monday,20.7.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 187 OF 2015 Milind Narayan Nere .....Petitioner : V/S :

Mahindra and Mahindra Ltd .....Respondent * * * * * Ms. Seema Sarnaik with Mr. Amay Tamhane, Advocate for the petitioner.

Mr. R.S. Pai with Mr. Hemant Telkar i/by. Haresh Mehta & Co., Advocate for the respondent.

* * * * * * Coram :- Coram :- Smt. R.P. SondurBaldota, J.

Smt. R.P. SondurBaldota, J.

20th th July, 2015.

July, 2015.

P.C. :- P.C. :- 1).

This petition is directed against the Award dated 29th April, 2014 by which the Labour Court, Nasik answered the Reference made at the instance of the petitioner in the negative. The Reference was for reinstatement with full backwages and continuity of service with effect from 31st May, 1998. Admittedly, there is unexplained delay of 8 years in filing the complaint. One of the grounds for rejection of the complaint is the unexplained inordinate delay. The dismissal of the Reference is also on the grounds of want of evidence. It appears that the petitioner had after a gap of nine years sought production of documents from the

Rane * 2/2 * WP-187-2015.doc (sr. no.27) Monday,20.7.2015 respondent Company. The documents could not be produced as the same were no longer available. In the circumstances, there is no infirmity whatsoever with the impugned order. Hence, the petition is dismissed.

(SMT. R.P. SONDURBALDOTA, J) (SMT. R.P. SONDURBALDOTA, J)