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Judgment
R.M. Borde, J.—An application, tendered by the Petitioner seeking condonation of delay of about twelve years in approaching the Labour Court, has been turned down and said order of rejection of application seeking condonation of delay is impugned in this petition.
Petitioner contends that on 25.3.1986 he met with an accident during course of employment and sustained 40% disability. However, the employee was retained in employment by the employer till 1992. In 1992, the employee lost employment on account of closure of the establishment. Thereafter also, employee concerned did not issue notice claiming compensation and waited for about eight years and approached the Court by filing complaint (W.C.A.) No. 28/2000 along with application for condonation of delay. The Labour Court, after considering relevant aspects, rejected the application.
I have heard arguments advanced by Shri Kaware, learned Counsel for the Petitioner and Shri R.V. Ghuge, learned Counsel for Respondents. I have also perused the impugned order passed by the Labour Court.
There is delay of almost more than twelve years in approaching the Court, which has not been properly explained by the Petitioner. The accident in question had taken place in 1986 and employee continued in service till 1992. Even after cessation of his employment in 1992, he did not take any step for about eight years and approached the Court in 2000. There are gross latches on the part of employee for which no plausible explanation is forthcoming. I do not find that reasons recorded by the leaned Judge of the Labour Court are perverse. No case is made out for causing interference in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India.
Writ petition stands rejected.
