1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 1846 OF 2010. Pundalik Balu Mali. ..Petitioner. v/s. The General Manager, BEST Undertaking, Mumbai. ..Respondent. Ms. Rita K. Joshi, for Petitioner. Mr. S.K. Talsania, Senior Counsel, a/w. Ms. Kavita Anchan, i/b. M.V. Kini & Co., for Respondent. CORAM : S.J. KATHAWALLA, J. DATE : 20TH SEPTEMBER 2010. P.C. 1. By this Writ Petition, the Petitioner has impugned the order dated 25 th June 2008 passed by the Third Labour Court, Mumbai, rejecting the Application of the Petitioner seeking condonation of delay of more than four years in filing complaint under Item 1(a), (b), (d), (e), (f) and (g)of Schedule IV of the MRTU and PULP Act, 1971 (the said Act) and also the order dated 4 th July 2009 of the Industrial Court dismissing the Revision Application filed therefrom. 2. The Petitioner joined the services of the Respondent BEST Undertaking as a Bus Conductor on 4 th May 1982. On 28 th February 2001, the Petitioner was dismissed by the Respondent. The Petitioner’s first Appeal was rejected on 21 st March 2001 by the First Appellate Authority while the Second Appeal was rejected on 14 th May 2001 by the Second Appellate Authority. 2 3. In view of proviso to Section 28 of the said Act, the Petitioner was required to file a Complaint for unfair labour practice within a period of 90 days. However, the Petitioner filed a complaint only on 9 th March, 2005 along with an Application seeking condonation of delay of four years and five days in filing the complaint. Before the Labour Court, the only document relied upon by the Petitioner for condonation of the said delay is a photostat copy of a medical certificate issued by a Doctor who is attached to the Primary Health Centre at Gavan, stating that the Petitioner was under his treatment from 18 th April 2001 upto 31 st January 2005 during which period he was advised to take complete bed-rest. The medical qualification of the Doctor who has issued the alleged Certificate is M.B.B.S. (Bom.). Though it is difficult to read from the photostat copy of the said medical certificate as to the nature of Petitioner’s ailments, from the impugned orders, it is noted that the Petitioner has contended that he was suffering from depression. The Petitioner has not produced any other medical records in support of his case that he was on bed rest for four long years. The petitioner has not even produced a single prescription issued by the Doctor prescribing any medicines for depression or for any other ailment. The Third Labour Court has therefore, correctly rejected the Application filed by the Petitioner seeking condonation of delay of more than 4 years on the ground that the Petitioner has not made out any case for condonation of delay. The Labour Court has further correctly observed that the Petitioner has failed to produce the original medical certificate or any medical records. He has also not examined his Doctor. The Revision filed therefrom is also dismissed by the Industrial Court on the ground that the Labour Court has 3 correctly rejected the Application for condonation of delay since the medical certificate is not proved before the Labour Court. 4. This Court only to satisfy its conscience, inquired from the Petitioner who is present in Court as to what was exactly wrong with him for a period of four years and why he has not produced any medical records to which the Petitioner only stated that he was suffering from dizziness. Upon further inquiry as to whether he was suffering from dizziness for all the four years, he stated that he was suffering from dizziness since the year 1989. 5. In view of the well reasoned orders of both, the Labour Court and the Industrial Court as discussed hereinabove and also keeping in mind the answers given by the Petitioner to this Court, no case for interference under Article 226 of the Constitution of India is made out on behalf of the Petitioner. Under the circumstances, the Writ Petition is dismissed. However, there will be no order as to costs. [ S.J. KATHAWALLA, J. ]