The Maha. State Sahakari Bank Ltd., Mumbai, Branch At Mahal, Nagpur Thr. Jt. Manager, S.P. Tejanka v. Shankar Namdeo Jagtap And Others

2025:BHC-NAG:6113 1 wp 3014.2025+55.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 3014 of 2025 Subhash P. Tejankar ..vs.. Vishnu Natthu Jadhav and ors.] Writ Petition No. 3211 of 2025 Subhash P. Tejankar ..vs.. Ravindra Gunawantrao Vyavahare and ors.] Writ Petition No. 3220 of 2025 Subhash P. Tejankar ..vs.. Ambadas Nivruti Kambale and ors.] Writ Petition No. 3197 of 2025 Subhash P. Tejankar ..vs.. Faijullakha Amirkha Pathan and ors.] Writ Petition No. 3200 of 2025 Subhash P. Tejankar ..vs.. Suresh Aandrao Gore and ors.] Writ Petition No. 3223 of 2025 Subhash P. Tejankar ..vs.. Ajabrao Vishwanath Thote and ors.] Writ Petition No. 3212 of 2025 Subhash P. Tejankar ..vs.. Yadav Kaniram Chwhan and ors.] Writ Petition No. 3214 of 2025 Subhash P. Tejankar ..vs.. Sundarsing Kewalsing Pawar and ors.] Writ Petition No. 3219 of 2025 Subhash P. Tejankar ..vs.. Bhaudas Ganapat Lohate and ors.] Writ Petition No.

3210 of 2025 Subhash P. Tejankar ..vs.. Pandhurang Narahari Chawhan and ors.] Writ Petition No. 3218 of 2025 Subhash P. Tejankar ..vs.. Shaikh Noor Shaikh Mahebub and ors.] Writ Petition No. 3213 of 2025 Subhash P. Tejankar ..vs.. Subhash Chimana Chawhan and ors.] Writ Petition No. 3207 of 2025 Subhash P. Tejankar ..vs.. Motiram Chandu Chavan and ors.]

2 wp 3014.2025+55.odt Writ Petition No. 3198 of 2025 Subhash P. Tejankar ..vs.. Sanjay Lalsing Rathod and ors.] Writ Petition No. 3196 of 2025 Subhash P. Tejankar ..vs.. Vasanta Lalu Mude and ors.] Writ Petition No. 3205 of 2025 Subhash P. Tejankar ..vs.. Balu Devidas Rathod and ors.] Writ Petition No. 3206 of 2025 Subhash P. Tejankar ..vs.. Subhash Gobara Chawhan and ors.] Writ Petition No. 3221 of 2025 Subhash P. Tejankar ..vs.. Vijan Dhondba Kalkar and ors.] Writ Petition No. 3224 of 2025 Subhash P. Tejankar ..vs.. Baburao Dawada Rathod and ors.] Writ Petition No. 3216 of 2025 Subhash P. Tejankar ..vs.. Ganesh Dharma Chawhan and ors.] Writ Petition No. 3204 of 2025 Subhash P. Tejankar ..vs.. Namdeo Salaba Ganjewar and ors.] Writ Petition No. 3209 of 2025 Subhash P. Tejankar ..vs.. Karimkha Chhotekha Pathan and ors.] Writ Petition No.

3215 of 2025 Subhash P. Tejankar ..vs.. Arun Balawant Kshirsagar and ors.] Writ Petition No. 3217 of 2025 Subhash P. Tejankar ..vs.. Bhaurao Tukaram Ghongade and ors.] Writ Petition No. 3201 of 2025 Subhash P. Tejankar ..vs.. Sk. Sadik Sk. Akbar and ors.] Writ Petition No. 3199 of 2025 Subhash P. Tejankar ..vs.. Bhagwan Madhav Pandav and ors.] Writ Petition No. 3208 of 2025 Subhash P. Tejankar ..vs.. Pralhad Midhu Rathod and ors.]

3 wp 3014.2025+55.odt Writ Petition No. 3202 of 2025 Subhash P. Tejankar ..vs.. Devidas Thavara Chawhan and ors.] Writ Petition No. 3195 of 2025 Subhash P. Tejankar ..vs.. Gangadhar Digambar Chandale and ors.] Writ Petition No. 3222 of 2025 Subhash P. Tejankar ..vs.. Laxman Badhu Rathod and ors.] Writ Petition No. 3203 of 2025 Subhash P. Tejankar ..vs.. Prabhakar Namdeorao Nagpurkar and ors.] Writ Petition No. 1870 of 2025 Subhash P. Tejankar ..vs.. Prakash Ramdas Rathod (dead) thr. LRs. Smt Mamta P. Rathod and ors.] Writ Petition No. 2452 of 2025 Subhash P. Tejankar ..vs.. Rajesh Narayan Chawhan and ors.] Writ Petition No. 2443 of 2025 Subhash P. Tejankar ..vs.. Shobhabai Keshav Babhulkar and ors.] Writ Petition No. 2457 of 2025 Subhash P. Tejankar ..vs.. Ramrao Laxman Suryawanshi and ors.] Writ Petition No. 2456 of 2025 Subhash P.

Tejankar ..vs.. Suresh Rajabhau Joshi and ors.] Writ Petition No. 2451 of 2025 Subhash P. Tejankar ..vs.. Bhikaji Marotrao Dakhore and ors.] Writ Petition No. 2444 of 2025 Subhash P. Tejankar ..vs.. Banu Rupla Jadhav and ors.] Writ Petition No. 2440 of 2025 Subhash P. Tejankar ..vs.. Prakash Dewala Rathod and ors.] Writ Petition No. 2438 of 2025 Subhash P. Tejankar ..vs.. Khandu Shamrao Chawhan and ors.] Writ Petition No. 2445 of 2025 Subhash P. Tejankar ..vs.. Sahebrao Natthuji Pulate and ors.]

4 wp 3014.2025+55.odt Writ Petition No. 3021 of 2025 Subhash P. Tejankar ..vs.. Abdul Riyaz Abdul Sattar and ors.] Writ Petition No. 2454 of 2025 Subhash P. Tejankar ..vs.. Shivaji Tyambakrao Deshmukh and ors.] Writ Petition No. 2441 of 2025 Subhash P. Tejankar ..vs.. Sahebrao Somala Chawhan and ors.] Writ Petition No. 2450 of 2025 Subhash P. Tejankar ..vs.. Prakash Bhagwat Khandare and ors.] Writ Petition No. 2448 of 2025 Subhash P. Tejankar ..vs.. Shankar Kisan Kadade and ors.] Writ Petition No. 2439 of 2025 Subhash P. Tejankar ..vs.. Govinda Gopa Jadhav and ors.] Writ Petition No. 2447 of 2025 Subhash P. Tejankar ..vs.. Shankar Namdeo Jagtap and ors.] Writ Petition No. 2449 of 2025 Subhash P. Tejankar ..vs.. Baburao Raju Rathod and ors.] Writ Petition No. 2459 of 2025 Subhash P. Tejankar ..vs.. Gurusing Parshram Chawhan and ors.]

Writ Petition No. 2446 of 2025 Subhash P. Tejankar ..vs.. Tanaji Dhondiba Mahulkar and ors.] Writ Petition No. 2442 of 2025 Subhash P. Tejankar ..vs.. Amrutrao Dadarao Deshmukh and ors.] Writ Petition No. 2458 of 2025 Subhash P. Tejankar ..vs.. Shishankar Tukaram Kotawar and ors.] Writ Petition No. 2455 of 2025 Subhash P. Tejankar ..vs.. Sudama Ramjatan Prasad and ors.] Writ Petition No. 2453 of 2025 Subhash P. Tejankar ..vs.. Shaikh Afsar Shaikh Diwan and ors.]

5 wp 3014.2025+55.odt Writ Petition No. 2460 of 2025 Subhash P. Tejankar ..vs.. Bhagwan Ganpat Jadhav and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mohammad Ateeque Abdul Mushtaque with Mr. B. S. Joshi, Advocates for the petitioner CORAM : ANIL L. PANSARE J.

DATED : 30-06-2025 The facts are identical in all these writ petitions. Therefore, they are decided together.

2.

The petitioner - bank is aggrieved by the order dated 18-3-2024 passed by the Industrial Court, Yavatmal thereby refusing to condone delay in preferring the appeal against the order passed by the controlling authority i.e. Labour Court.

3.

Having heard learned counsel for the petitioner and having gone through the order, it appears that the Industrial Court has refused to condone delay on the count that the appeal under Section 7(7) of the Payment of Gratuity Act, 1972 is required to be filed within 60 days with a rider of further extension of 60 days.

4.

The Industrial Court referred to the judgment passed by this Court in the case of Chief Executive Officer, Zilla Parishad, Yavatmal Vs. Shriram Hanumant Meshram in Writ Petition No. 6111/2016 wherein the Court held that Section 5 of the Limitation Act does not apply to the appeals filed under Section 7(7) of the Payment of Gratuity Act. Accordingly, the Court held that the Industrial Court has no power to condone the delay beyond the stipulated period of 120 days.

6 wp 3014.2025+55.odt 5.

In all these petitions, the appeal has been filed beyond the period of 120 days. The law as stated above is well settled. The Industrial Court is, therefore, right in rejecting the application. No interference is, therefore, called for in supervisory jurisdiction under Article 227 of the Constitution of India. The petitions are thus liable to be dismissed. 6.

At this stage, learned counsel for the petitioner submits that the delay, if not condoned, the petitioner will be not able to recover the amount from the concerned sugar factory. This ground, to my mind, is not available to the petitioner to seek condonation of delay. The officials of the petitioner should be more diligent in such cases. Nonetheless Court is not oblivious to such negligent approach. 7.

In the case of State of U. P. & Ors. V/s Ashwani Kumar Mishra in Special Leave Petition (Civil) Diary No.(s). 19834/2020 the plea put-forth for condonation of delay before the Supreme Court was, getting departmental approval. The Supreme Court held that such kind of excuses are no more admissible in view of the judgment in the case of Post Master General & Ors. V/s Living Media India Ltd. & Anr. [(2012) 3 SCC 563]. The Supreme Court, while dismissing the Special Leave Petition, gave liberty to the State of U. P. to recover the loss from the Officers responsible for the delay in filing the Special Leave Petition, if they are so advised. 8.

Similar such order has been passed by the Supreme Court in the case of Deputy Conservator of Forests V/s Timblo Irmaos Ltd. & Ors. in Special Leave Petition (Civil) Diary No(s). 19059/2020. Before passing such order to recover costs from the erring officer, the three Judges Bench of the Court has observed as under :

"We have dealt with the issue of Government authorities in approaching Courts belatedly as if

7 wp 3014.2025+55.odt the Statute of Limitation does not exist for them. While referring to some reasons given forinsufficiencies, we observed that the parties cannot keep on relying on judicial pronouncements for a period of time when technology had not advanced and a greater leeway was given to the Government, (Collector, Land Acquisition, Anantnag & Anr. (supra). This situation no more prevail and this position had been elucidated by the judgment of this Court in office of the Chief Post Master General & Ors. V/s Living Media India Ltd. & Anr. (2012) 3 SCC 563." 9.

Thus the Supreme Court has, time and again, deprecated the practice of keeping the file pending for several months on the ground of administrative exigencies. Present case is yet another example of casual conduct. The petitioner may, therefore, recover the losses from the officers responsible. 10.

The petitions are dismissed in above terms.

(Anil L. Pansare, J.) wasnik