IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 2037 OF 2007 PETITION NO. 2037 OF 2007 PETITION NO. 2037 OF 2007 S.M.Shah ... Petitioner. Vs. MunicipalCorporation of Greater Bombay ... Respondents. Mr.N.M.Ganguli for the Petitioner. CORAM : S.B.MHASE AND A.A.SAYED, JJ. DATE : February 5, 2008. P.C. 1. Heard Mr. Ganguli, the learned Counsel for the petitioner. 2. The petitioner was an employee with the respondent-corporation since 1974, however, he met with an accident in the year 1993 and, therefore, he became unfit for the job of the Assistant Fitter. Accordingly medical certificate was issued. However, it is contended that he was eligible to get another job under the Disabilities ( Equal Opportunities, Protections of Rights and Full Participation) Act, 1995 and the said employment was not offered by the respondent and, therefore, the termination of the petitioner in the year 1996-97 was unwarranted, bad and illegal. 3. It is pertinent to note that the petitioner has completed the age of 50 years on 23.10.2004 and has also attained the age of superannuation. Therefore, the claim of the re-instatement of the petitioner cannot be considered. The claim of reinstatement could have been considered for the period from 1996-97 to 2004. The Petitioner, however, approached this Court in the year 2007. However, as a result of delay and latches on the part of the petitioner the said relief cannot be granted. 4. We have also asked the learned Counsel on both sides whether there are any arrears of the petitioner as on the date of his superannuation, howe ver, it is fairly conceded by both the Counsels that all the dues have been paid to the petitioner. Under the circumstances, the petition badly suffers from the delay and latches and we refrain to entertain the petition. 5. Consequently, the petition is dismissed. .....