Municipal Council Nandura Thr. Chief Officer v. Smt. Shakuntala Ramgopal Chawriya

wp2263.22.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

(Municipal Council Nandura, thr. Chief Officer, Nagar Parishad Office, Nandura Vs. Smt. Shakuntala Ramgopal Chawriya) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. D. I. Jain (Sisodia), Advocate for Petitioner. CORAM: ROHIT B. DEO , J.

DATE: 27 th APRIL, .

The petitioner - Municipal Council Nandura suffered order dated 24.03.2014 in Complaint ULP 101/2011 whereby the respondent - employee who is now aged 70 years was held entitled to pension.

2.

The Municipal Council preferred an application for setting aside the order dated 24.03.2014 contending that the order was ex-parte and simultaneously preferred an application for condonation of delay, which is rejected by the order impugned dated 20.02.2018.

3.

The Industrial Court relied on the decision of this Court in M/s. Mahaveer Paper Products Ltd. v. State of Maharashtra 2017 (152) FLR 11 to hold that there was no jurisdiction to condone the delay after the expiry of the period stipulated in Section 31 (2) of the Act.

wp2263.22.O.odt 4.

The reasons recorded by the Industrial Court apart, I find that the petition merits rejection on the short ground that the petitioner is guilty of latches. 5.

The order dated 20.02.2018 is challenged after 4 years and 2 months and in the petition there is not even a single word to explain the inordinate delay in approaching this Court.

6.

The employee has superannuated and is a senior citizen.

7.

Holistically considered, the petition merits rejection, and is accordingly rejected with no order as to costs.

JUDGE NSN SHIVNARAYAN NIKHARE