1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2743 OF 2009 Mazar-E-Moulai Nooruddin Saheb, Darga Sharif, Dongaon, Tq. Ambad, Through Mulla Fakruddin Ali s/o Hyder Ali Ambawala, R/o. City Chowk, Aurangabad. Dist. Aurangabad. .. Petitioner Versus Dnyandeo s/o Namdeo Randhe, Age: Major, Occ: Labour, R/o. Koli Sirasgaon, Tq.Ambad, Dist. Jalna. .. Respondent ... Mr. S.P. Sonpawale, Advocate for petitioner. Mr. Y.R. Marlapalle, Advocate for respondent. ... CORAM : K.K. TATED, J. DATE : 1ST OCTOBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioner and learned Counsel for the respondent. 2 2. In the present petition, the petitioner challenges the order dated 29-07-2006 passed by the Member, Industrial Court, Jalna in Revision Application (ULP) No. 85/2003. It is the case of the petitioner that the respondent-original complainant filed Complaint (ULP) No. 108/2000 before the Labour Court, Jalna. Said complaint was filed by the respondent under Section 28 read with Item No.1 (a) (b) (d) (f) and (g) of Schedule IV of M.R.T.U. & P.U.L.P. Act, 1971. In the said complaint, though notices were issued, no one appeared on behalf of the petitioner. It is the case of the petitioner that notices were never served on them at their proper address and in spite of that, Labour Court passed exparte order on 28-11-2001. Thereafter, they learnt about the exparte order passed by the Labour Court on 01-12-2001 when the respondent informed them about the said order. Thereafter the petitioner filed application on 26-02-2002 before the Labour Court, Jalna being M.A. No. 4/2002 under Section 3 5 of the Limitation Act for condonation of delay in filing application for setting aside the exparte order to reinstate the respondent in the service of the petitioner passed on 28-11-2001. Said application decided by Labour Court, Jalna on 07-02-2003 and rejected petitioner's application for condonation of delay. Being aggrieved by the said order dated 07-02-2003 passed by Labour Court, Jalna, the petitioner preferred Revision Application (ULP) No. 85/2003 in the Industrial Court, Jalna. Said Revision Application rejected by the Industrial Court, Jalna on 29-07-2006. Present petition filed by the petitioner challenging the order passed by the Industrial Court, Jalna dated 29-07-2006, on 16-01-2009 i.e. after 2-1/2 years. There is no explanation in the present petition for delay of 2-1/2 years. 3. When a power is conferred by Statute without mentioning the period within which it could be invoked, the same has to be done within a reasonable 4 period, as all powers must be exercised reasonably and exercise of the same within reasonable period would be a facet of reasonableness. 4. As the petitioner failed to explain the delay of 2-1/2 years in preferring petition under Article 227 of the Constitution of India challenging the order passed by the Industrial Court, Jalna on 29-07-2006, writ petition is dismissed summarily. [ K.K. TATED, J.] sut/OCT09/wp2743.09