Case Note & Summary
The petitioner, Gopal Yashwantrao Bangadkar, filed a writ petition under Article 227 of the Constitution of India challenging an order of the Industrial Court, Nagpur, dated 21.11.2016, which dismissed his revision application against the Labour Court's order refusing to condone a 12-year delay in filing an unfair labour practice application. The petitioner claimed that in 1997, the Nagpur Municipal Corporation (respondent no.1) advertised for clerical posts. He applied for the post of Typist and was called for an interview in 1998. He placed on record an interview letter dated 01.02.2000 for the post of Junior Clerk and a physical test call letter dated 29.06.2004 for the post of Guard. Based on these letters, he claimed a right to employment. However, he did not pursue the matter until 2010, when he filed Misc. ULP Application No. 32/2010 before the Labour Court, Nagpur, seeking reinstatement/employment. Along with the main application, he filed a separate application for condonation of the 12-year delay. The Labour Court dismissed the condonation application by a reasoned order. The petitioner then filed Revision Application (ULP) No. 115/2013 before the Industrial Court, which was also dismissed. The High Court noted that the facts were peculiar and that entertaining such petitions under Article 227 would send a wrong message to the public. The court observed that the petitioner had not provided sufficient cause for the inordinate delay and that the claim was based on mere call letters without any subsequent selection or appointment. The court dismissed the writ petition, upholding the orders of the lower courts and refusing to interfere under Article 227.
Headnote
A) Delay and Laches - Condonation of Delay - Unfair Labour Practice - Sections 28, 30 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Petitioner sought employment based on interview call letters from 2000 and 2004 but filed application in 2010 after 12-year delay - Labour Court dismissed condonation application; Industrial Court upheld dismissal - Held that gross delay and lack of sufficient cause disentitled petitioner to relief, and entertaining such petitions under Article 227 would send a wrong message (Paras 2-5).
Issue of Consideration
Whether the Industrial Court erred in dismissing the revision application against the Labour Court's order refusing to condone a 12-year delay in filing an application for reinstatement/employment.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Labour Court and Industrial Court. The court held that the petitioner had not provided sufficient cause for the 12-year delay and that entertaining such petitions under Article 227 would send a wrong message. No interference was warranted.
Law Points
- Delay and laches
- Condonation of delay
- Article 227 of the Constitution of India
- Industrial Disputes Act
- 1947
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
Case Details
2019 LawText (BOM) (10) 142
Writ Petition No. 1558 of 2017
Shri R. D. Hajare for petitioner, Ms. Sukshmalata S. Dhone h/f Shri S. N. Bhattad for respondents
Gopal S/o. Yashwantrao Bangadkar
Nagpur Municipal Corporation through its Commissioner, The Competent Officer, Establishment Department, Nagpur Municipal Corporation, The Tax Officer/Valuer and Information Officer, Nagar Bhawan, Mahal, Nagpur, The Health Officer, Nagpur Municipal Corporation
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Nature of Litigation
Writ petition under Article 227 challenging dismissal of revision application against refusal to condone delay in filing unfair labour practice application for reinstatement/employment.
Remedy Sought
Petitioner sought to challenge the order of the Industrial Court dismissing his revision application and sought reinstatement/employment with respondent no.1.
Filing Reason
Petitioner claimed right to employment based on interview call letters from 2000 and 2004 but did not pursue until 2010, leading to a 12-year delay in filing the application.
Previous Decisions
Labour Court dismissed Misc. ULP Application No. 32/2010 on 14.10.2011 and also dismissed the application for condonation of delay. Industrial Court dismissed Revision Application (ULP) No. 115/2013 on 21.11.2016.
Issues
Whether the Industrial Court erred in dismissing the revision application against the Labour Court's order refusing to condone a 12-year delay in filing an application for reinstatement/employment.
Whether the petitioner's claim based on interview call letters from 2000 and 2004 was sufficient to establish a right to employment.
Submissions/Arguments
Petitioner argued that he had responded to an advertisement in 1997, was called for interview in 1998, and received call letters in 2000 and 2004, entitling him to employment.
Respondents opposed the petition, contending that the delay was inordinate and unexplained, and the claim lacked merit.
Ratio Decidendi
Gross delay and laches in filing an application for employment, without sufficient cause, disentitles a petitioner to relief under Article 227 of the Constitution of India. Mere call letters for interview or physical test, without subsequent selection or appointment, do not create a vested right to employment.
Judgment Excerpts
If such Petitions are allowed to be entertained under the provisions of Article 227 of the Constitution of India, significantly a wrong message can be sent to the public at large.
The peculiar facts firstly do not entitle the Petitioner any reliefs, but are required to be stated.
Procedural History
Petitioner filed Misc. ULP Application No. 32/2010 before Labour Court, Nagpur in 2010 seeking reinstatement/employment, along with an application for condonation of 12-year delay. Labour Court dismissed both on 14.10.2011. Petitioner filed Revision Application (ULP) No. 115/2013 before Industrial Court, Nagpur, which was dismissed on 21.11.2016. Petitioner then filed Writ Petition No. 1558 of 2017 under Article 227 before the Bombay High Court, Nagpur Bench, which was dismissed on 27.09.2019.
Acts & Sections
- Constitution of India: Article 227
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Sections 28, 30
