LACHEE RAM Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of order dated 1.2.1999 as well as order dated 7.9.1999 passed by Secretary (Labour). By the order dated 1.2.1999, Secretary (Labour) observed that the petitioner had approached with a claim of Industrial Dispute after 07 years 11 months and 22 days of the cause of action. There was no justification given by the petitioner for such a delay in raising the claim. It was not a fit case for reference. The petitioner filed a review against the order dated 1.2.1999. The review was dismissed by the Secretary Labour vide order dated 7.9.1999 observing that there was no ground for reviewing the earlier order.

(2.) The present writ petition, challenging the order dated 1.2.1999 has been filed by the petitioner before this Court in February, 2005 i.e. after about six years.

(3.) I consider that the writ petition is not maintainable on the ground of delay and latches. No reason has been given by the petitioner for not preferring a writ petition for such a long time. In Jharkhand Mazdoor Sangh v. Presiding Officer 2002(10) SSC 703, the writ petition was filed with a delay of five years and the ground taken before the Supreme Court was that due to illteracy and illness of the Secretary of Union, the writ petition could not be filed in time. Supreme Court observed that illiteracy and illness were not of such nature so as to prevent the union from filing the writ petition and dismissed the writ petition on ground of delay and latches. I consider that the present writ petition is also liable to be dismissed on the ground of delay and latches.