Bombay High CourtWP/6765/2017dismissedrule discharged

Amrut Laxman Chakole v. Union Of India Thr. Chairman And Managing Director, Western Coal Fields Ltd. Nagpur And Others

2019-03-07Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6765/2017 Amrut Laxman Chakole ..VS..

Union of India & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. Singh, Advocate for the petitioner Shri P.V. Ghare, Adv h/f Shri A.M. Ghare, Adv for respondent nos. 1 & 2 CORAM : Z.A.HAQ, J.

DATED : 07/03/2019 Heard.

The petitioner has challenged the order passed by the Central Government Industrial Tribunal on 02/04/2014 (wrongly stated as 15/05/2014). The petitioner has also challenged the order passed by the Central Government Industrial Tribunal on 17/11/2014. The petitioner has placed on record at Annexure - E at page no. 145 of the petition the copy of the order-sheet dated 17/11/2014. It is recorded that the award as per separate sheet is passed and pronounced in open Court. The petitioner has not placed on record the copy of the award dated 17/11/2014. On 14/01/2019, the learned advocate for the respondent nos. 1 and 2 had pointed out that the petitioner has not placed on record the copy of the award dated 17/11/2014. On request made by the learned advocate for the petitioner, time to produce the copy of the award dated 17/11/2014 was granted. Copy of the award dated 17/11/2014 is not placed on record till today. The learned

2 wp6765.17 advocate for the petitioner has submitted that request for supplying the certified copy of the award dated 17/11/2014 is made to the concerned ministry on 18/01/2019. On query, it is stated that the communication asking for the certified copy of the award dated 17/11/2014 is sent by ordinary post. In the above facts, this petition cannot be entertained in as much as the copy of the impugned award dated 17/11/2014 is not placed on record. The order passed by this Court on 14/01/2019 records that though the petition as filed is not maintainable, considering the fact that the petitioner is a labour, time was granted to produce on record the copy of the award dated 17/11/2014. It appears that the petitioner is not serious in pursuing the matter. Hence, the writ petition is dismissed with liberty to the petitioner to file proper petition. In the circumstances, the parties to bear their own costs.

JUDGE Ansari