Baban Rajaram Jawale And Others v. The Executive Engineer, Mula Irrigation Division, Ahmednagar

*1* kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3229 OF 2015 BABAN RAJARAM JAWALE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MULA IRRIGATION DIVISION, AHMEDNAGAR ...

Advocate for Petitioners : Shri Golewar V.P.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 23rd October, 2015 Per Court:

The Petitioners are challenging the judgment and award dated 15.09.2004 delivered by the Labour Court, Ahmednagar in Reference (IDA) No.137/1993 and connected reference cases bearing Nos.62/1994, 41/1994, 06/1994, 268/1994 and 94/1994. Shri Golewar, learned Advocate for the Petitioners, strenuously submits that these reference cases need to be remanded back to the Labour Court since they pertain to the termination of the Petitioners w.e.f. 01.04.1985 and onwards.

The industrial dispute was raised after 7 to 8 years of

*2* termination. The Petitioners did not lead any oral evidence in the matter. After the impugned awards were delivered on 15.09.2004, due to lack of knowledge and proper assistance, the Petitioners did not challenge the impugned award for 10 years, are his submissions. Considering the fact situation as recorded above, I am not entertaining this petition on merits in the light of the delayed challenge posed by the Petitioners to the impugned award. It appears that the Petitioners have been negligent. The industrial dispute was raised after about 7 to 8 years for challenging the termination dated 01.04.1985. The evidence was not adduced by the Petitioners. The impugned judgment and award is dated 15.09.2004, which has been challenged on 19.09.2014 in this petition after 10 years.

On account of delay and laches, this petition is dismissed. (RAVINDRA V. GHUGE, J.)