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2008 Supreme(Bom) 228

B.H.MARLAPALLE
State of Maharashtra – Appellant
Versus
Anil Eknath Kharat – Respondent


Advocates appeared
Mr. S.K. CHINCHALIKAR, AGP for Petitioners.
Mr. M.S. TOPKAR, for Respondent no.1.

JUDGMENT:-

This petition filed under Article 227 of the Constitution impugns the A ward passed by the Labour Court at Satara on 27/1/2005, thereby allowing Reference (IDA) No.1 of 1996 partly. The petitioner-department has been directed to reinstate the respondent workman on his previous post as labour on daily wages, with continuity of service w.e.f. 1/9/1985 but without any back wages.

2. At the threshold Mr. Topkar, the learned counsel for the respondent pointed out that the petition has been filed on 19/12/2006 against the Award dated 27/1/2005 i.e. almost after one year and II months and, therefore, it suffers from delays and laches.

3. In the petition memo itself it has been pointed out that after the impugned Award was published, the petitioner-department had approached the State Government seeking sanction to file Writ Petition and the sanction order was issued on 30/11/2006. Hence, in my considered opinion the delay, if any, caused in filing this petition deserves to be condoned and it cannot be said that petition requires to be dismissed on the ground of delay and latches.

4. As per the respondent he was employed as a mazdoor (labour) from 10/2/1984 on daily wages at Urmodi


















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