MCD Vs. DELHI NAGAR NIGAM WORK KARAMCHARI SANGH

JUDGEMENT

(1.) The conduct of the case by the petitioner before the Labour Court shows continued indifference to the fate of the case in the Labour Court because in spite of several opportunities given including the imposition of costs it chose to remain absent leading to ex-parte proceedings. Even thereafter the Award dated 20th October, 2001 is sought to be challenged in this Court belatedly by filing a writ petition on 14th October, 2003 about 2 years later.

(2.) The explanation given for the delay is as follows:-

(3.) Apart from the fact that there is no explanation whatsoever for the delay from the date of the award, i.e., 20th of October, 2001 upto 6th August, 2002, even the explanation given for the delay thereafter is wholly unsatisfactory and seeks to justify the institutional indifference and lethargy. The writ petition is liable to be dismissed on the ground of laches. This apart the matter remained ex-parte in the court below in spite of the opportunities given to the petitioner. Even on this ground no interference is warranted. Furthermore there is no avenue at all for promotion for the workmen represented through respondent No.1/Union herein as averred by them before the Labour Court and not denied by the petitioner. Even on merits thus there is no merit in the writ petition which is dismissed in limine both on merits and laches.