IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 9137 OF 2005. PETITION NO. 9137 OF 2005. PETITION NO. 9137 OF 2005. Shri Prakash Bikanu Vishwakarma ... Petitioner. V/s. M/s.Namaskar Textiles & Another ... Respondents. Ravindra Nair for the petitioner. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 26th April 2006. DATED: 26th April 2006. DATED: 26th April 2006. P.C.: P.C.: P.C.: . Heard learned counsel for the petitioner. Perused petition. . It is the case of the petitioner- workman that he is in service with the respondent since 1985. 3. The petitioner has filed application under section 33(C)(2) of the Industrial Disputes Act, 1947 ("Act" for short) contending that he did work for 12 hours around the year i.e. for all 364 days for the entire period of past 10 (ten) years. He, thus, claimed overtime @ four hours on each day for the entire 10 years on the premise that he did not even proceed on leave for a single day during the said period of claim; i.e. of 10 years. That he even did not fall sick during this period. No details or the particulars of the claim are to be seen in the application. 3. The very basis on which the application is filed before the Labour Court seems to be absolutely false and dishonest. It was rightly rejected by the Court below. A stale claim after 10 years is not expected to be investigated by the Court under section 33(c)(2) of the Act. No reasons are given by the petitioner- workman for not preferring application under the Act within the claim period of 10 years. Petitioner has not even issued any single letter to the respondent- employer during this period setting up his claim. On the basis on which the claim is made by the petitioner- workman does not inspire judicial confidence. 4. The petition is, thus, dismissed in limine with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)