IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4721 OF 2008 Raju Shriram Yadav ..... Petitioner V/s. Chetan Textile C/o Ketan Keshavji Nagadia ...... Respondent Mr.A.S.Rao a/w L.P.Vishe, Advocates, for the Petitioner. CORAM : P.B.MAJMUDAR, J. DATED : JULY 22, 2008. P.C. 1. By filing this petition, the petitioner has challenged the order passed by the 3rd Labour Court, Thane, dated 14-03-2008 in Miscellaneous Application No.68 of 2006 in Reference (IDA) No.144 of 2003. The present petitioner raised an industrial dispute on the ground that the order of terminating his service is bad in law. The said reference was decided in favour of the petitioner by an award dated 27-06-2005. The said award was passed as an ex-parte award, as the respondent was not present. Thereafter, the respondent herein preferred an application being Miscellaneous Application No.68 of 2008 for setting aside the ex-parte award on the ground that even though the written statement was ready, inadvertently the same could not be filed. It is the case of the respondent that the respondent came to know about the disposal of the said reference on 26-09-2006 when he received intimation from the Assistant Commissioner of Labour, Thane. After applying the copy on 06-10-2006, which was received on 19-10-2006, the application for setting aside the order was preferred. 2. The present petitioner resisted the said application on the ground that the same is filed after a long period. The learned Trial Judge after considering the evidence on record held that there was a bonafide mistake on the part of the Advocate of the respondent which resulted into ex-parte award. The learned Judge given reasoning in this behalf in Para 9 of the award. 3. Considering the facts & circumstances of the case, this is not a case in which this Court would like to interfere with the said order in its extra-ordinary jurisdiction under Articles 226 & 227 of the Constitution of India. I do not find any substance in the petition and accordingly, the petition stands dismissed. However, considering the fact that the reference is pending since 2003, the Labour Court is directed to decide the same latest by 31-12-2008. ( P.B.MAJMUDAR, J.)