STATE OF MAHARASHTRA Vs. ANIL EKNATH KHARAT MOTICHANDNAGAR

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution impugns the Award passed by the Labour Court at Satara on 27/1/2005, thereby allowing Reference (IDA) No. 1 of 1996 partly. The petitioner-department has been directed to reinstate the respondent-workman on his previous post as labour on daily wages, with continuity of service w.e.f. 1/9/1985 but without any backwages.

(2.) At the threshold Mr. Topkar, the learned counsel for the respondent pointed out that the petition has been filed on 19/12/2006 against the Award dated 27/1/2005 i.e. almost after one year and 11 months and, therefore, it suffers from delays and latches.

(3.) In the petition memo itself it has been pointed out that after the impugned Award was published, the petitioner-department had approached the State Government seeking sanction to file Writ Petition and the sanction order was issued on 30/11/2006. Hence, in my considered opinion the delay, if any, caused in filing this petition deserves to be condoned and it cannot be said that petition requires to be dismissed on the ground of delay and latches.