KIRAN BHANDARI Vs. O P ABROL CLINIC

JUDGEMENT

(1.) The petitioner Smt. Kiran Bhandari vide this Writ Petition No.1014/2012 instituted on 17.02.2012 after removal of objections assails the award dated 25.04.2009 of the Ld. Presiding Officer, Labour Court-IX, KKD Courts, Delhi in ID No.377/2005 (old) ID No.382/08 (new) vide which the claim under Section 10 (4A) of the Industrial Disputes Act, 1947 filed by the petitioner herein as claimant before the learned Labour Court-IX, KKD Courts, Delhi directly seeking reinstatement with full back wages and continuity of service against the respondent herein Dr. O.P. Abrol Clinic alleging that her service had been illegally terminated out of a grudge by the management i.e. the respondent on 28.03.2005, - was dismissed, it having been held that there had been no termination of service of the petitioner/ workwoman herein but rather she had voluntarily left her job of her own will and accord and had abandoned her job.

(2.) At the outset, it is essential to observe that the petition filed in the year 2012 assailing an award dated 25.04.2009 is clearly delayed by laches which have not been satisfactorily explained and that there had been an inordinate unexplained delay in institution of the petition is brought forth through averments made in para-15 of the petition which read to the effect:

(3.) The record indicates that vide order dated 16.08.2012 in the present proceedings, CM APPL.2233/2012 filed by the petitioner herein seeking condonation of delay in filing the writ petition was dismissed, it having been held that the application was not maintainable in as much as there was no period prescribed under the Limitation Act, 1963 for filing a writ petition, though it was directed that the respondent herein would be at liberty to take the plea of delay and laches during the course of arguments.