JUDGMENT

S.RAJENDRA BABU, J.

(1) DELAY condoned.

(2) LEAVE granted.

(3) THIS appeal is directed against an order made by the High Court in which an order made by the labour court was challenged.

(4) THE labour court noticed that the services of the respondent were terminated on 25.5.1985. He approached the labour officer on 17.3.1995 and thereafter, reference was made by the government to the labour court. There is a delay of more than 9 years in approaching the labour officer. The labour court noticed that it would be impossible to maintain records for such a long period and place them before the labour court. In those circumstances, it found that the delay of nine years would be fatal to the case and on that basis rejected, the reference against which the writ petition was filed.

(5) THE learned single judge allowed the writ petition and stated that the delay in approaching the labour court would not be fatal to the case and the ends of justice would be met by re-instatement with continuity of service and 50% backwages. The matter was carried in appeal by the appellant and that appeal was partly allowed by stating that though the o