Yeshwant Pandurang Parave v. State Of Maharashtra And ORS.

49 wp1689-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1689 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Prakash Mahadik for the petitioner CORAM : K. K. TATED, J.

DATE : MARCH 27, 2017 P.C.:

Heard the learned counsel for the petitioner. By this petition under Article 226 and 227 of the Constitution of India, the Petitioner challenges the judgment dated 14.10.1999 passed by Industrial Court, Maharashtra Bench at Thane in complaint (ULP) No.398 of 1995 not granting back wages.

The learned counsel for the petitioner submits that by this petition, they are seeking back wages. The learned counsel for the petitioner submits that the respondent State also preferred Writ Petition No.4497 of 2000 challenging the same order. Hence, petitioner was under impression that they will get all benefits in that petition. To that effect, petitioner has made averments in paragraph 12 of the petition.

The learned Counsel for the petitioner Mohite 1/2

49 wp1689-17 submits that as the petition filed by the State is already admitted, this petition requires to be admitted.

It is to be noted that there is more than 16 years delay/latches on the part of petitioner to challenge the judgment dated 14.10.1999 passed by Industrial Court. The explanation given by the petitioner in paragraph 12 of the Writ Petition is not satisfactory explanation for delay/latches. Only on this ground I do not find any substance in the present Writ Petition.

Hence, Writ Petition stands rejected.

JUDGE Mohite 2/2