WP/7220/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7220 OF 2010 Sadanand Anant Sapkal ... Petitioner V/s. Jejuri Nagar Parishad, Jejuri, Pune ... Respondent Mr. N.A. Kulkarni for the Petitioner. Mr. S.D. Kulkarni for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATE : 15 TH FEBRUARY, 2011. P.C. : 1. This Writ Petition has been filed against the order passed in the Miscellaneous Application (IDA) No.5 of 2008 by the Labour Court, Pune on 21st July, 2010. Reference (IDA) No.662 of 2000 was dismissed for default on 30th July, 2007. The petitioner sought restoration of this Reference by filing Miscellaneous Application No.5 of 2008 on 27th February, 2008. In his application, the petitioner stated that he had received the copy of the Award on 1st January, 2008. It appears that the Labour Court, instead of deciding whether the delay in filing the application could be condoned, has decided the application on merits. The Miscellaneous Application has been dismissed on the ground that it had been filed belatedly. 2. In my opinion, the Labour Court ought to have first decided whether the Miscellaneous Application itself was maintainable in view of the delay in WP/7220/2010 2 preferring the application. Under Rule 26 of the Industrial Disputes (Bombay) Rules, an application for restoration of a Reference in which an Award has been passed ex-parte can be made within 30 days of the receipt of a copy of that Award. However, when there is a delay in preferring the application, the Labour Court can always consider whether the delay can be condoned and the application can be heard on merits. 3. In my opinion, the Labour Court has erred in not condoning the delay. Sufficient cause has been made out by the petitioner-workman for not filing the application within the stipulated time. Furthermore, it appears from the extract of the Register of Publication, which is produced on record by the learned Advocate of the respondent-Company, that the Award was published only on 1st February, 2008. 4. In these circumstances, the Writ Petition is allowed. 5. The impugned order dated 21st July, 2010 passed by the Labour Court, Pune in Miscellaneous Application (IDA) No.5 of 2008 is set aside. The delay in filing the Miscellaneous Application (IDA) No.5 of 2008 is condoned. 6. The Labour Court, Pune shall decide the Miscellaneous Application (IDA) No.5 of 2008 afresh in accordance with law.