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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Rati Bai – Appellant
Versus
Superintendent Engineer – Respondent
JUDGMENT :
Jagmohan Bansal, J (Oral) -
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of Award dated 15.02.2016 (Annexure P-1) whereby Labour Court has answered the reference against her.
2. The petitioner claims that she joined respondent No. 2-office of Executive Engineer, Haryana PWD (B&R) on 01.11.1996. She worked till 30.09.2003 and was terminated on 01.10.2003. On her application, the matter was referred to Labour Court which vide Award dated 07.11.2013 dismissed her claim. She preferred CWP-12455-2014 before this Court. The said writ petition was allowed by way of remand. The Labour Court passed fresh Award on 15.02.2016 which is under challenge.
3. On the asking of Court, Mr. Monu Sharma, Advocate submitted that petitioner is an illiterate lady and due to wrong advice, COVID-19 and family circumstances, she could not approach this Court within reasonable period.
4. On the earlier occasion she approached this Court and her petition was allowed. The matter was remanded back to Labour Court. Her husband has filed CWP-14287-2016 before this Court. These facts collectively indicate that petitioner is well aware o
Delay and laches affect the right to relief in writ petitions; excessive delay can preclude the court from exercising discretion favorably.
Delay and laches bar the petitioner's claim for reinstatement after a 21-year delay.
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
Point of Law : Limitation - Delay/Latches - Doctrine of laches in Courts of Equity cannot be said to be a technical doctrine and has to be examined on peculiar facts and circumstances of each case. D....
Court discretion under Article 226 is influenced by delay; unreasonable delays may bar relief, yet petitions filed within standard limitations need not require explanations.
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