1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.Z.No. 359/2009 IN L.P.A.St.NO. 3402/2009 IN W.P.NO. 4604/2003. ( Ashok Kelwade and others -: versus :- Vidarbha Gas Private Limited, Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : SEPTEMBER 14, 2009. Head Shri C.V. Jagdale, learned Counsel for applicants and Shri V.R. Thakur, learned Counsel for respondent. The workers, 22 in number are seeking condonation of delay of 173 days in filing L.P.A. against the order dated 05.08.2008 passed by the learned Single Judge. L.P.A. against the said judgment filed by the present respondent [employer] has been admitted by this Court on 16.10.2008, after hearing both the sides. Shri Jagdale, learned Counsel for applicants state that while admitting the said L.P.A., this Court granted stay to reinstatement and directed the employer to deposit amount of Rs.50,000/- per head towards backwages. After withdrawing the said amount the L.P.A. has been filed. Shri Thakur, learned counsel for respondent contends that filing of L.P.A. by employer or its admission are totally irrelevant. He further states that for filing of L.P.A. 2 not much expenditure was involved and L.P.A. could have been easily filed within limitation. We have perused the record and heard the matter on merits also and we find that the litigation is going on between the parties since 1988 when ULPA Complaint was filed before the Labour court. In the circumstances, considering the reasons disclosed on affidavit, we do not find any malafides in the matter. Delay is thus condoned. Office to register the L.P.A. and place is for further consideration. Civil Application is accordingly allowed. JUDGE JUDGE Rgd.