1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4865 OF 2009 Shri Yashwant Kallappa Hajare )..Petitioner Vs Sarvodaya Gramin Bigarsheti Sahakari Pat Sanstha Ltd., )..Respondents ---- Mr.K.S.Bapat i/by A.H. Fatangare for the petitioner. Mr.S.S.Patwardhan for the respondent no.1. ---- Coram : R.S.MOHITE,J Date : 3rd December, 2009. PC 1 Heard both sides. In my view, the matter can be disposed off finally. Hence, rule. By consent, rule made returnable forthwith. 2 This is a petition filed against an order passed by the Presiding Officer, Labour Court, Kolhapur, rejecting an application for restoration of the reference. The reference was made in the year 2000 and came to be rejected on 5.9.2003 as no statement of claim was filed by the workman. The application for restoring the reference stated that the workman had entrusted the matter to union representative by name Appasaheb Patil. The said union representative kept informing the workman that he was attending the matter though he did not do so. In these circumstances, no statement of claim was filed. In my view, though there is certain degree of negligence on the part of the workman, in the 2 interest of justice, it is desirable to allow this petition. The impugned order dated 17.9.2007 is therefore, set aside and the reference is restored to file subject to the condition that the statement of claim will be filed within a period of 30 days from the date of receipt of the writ from the labour court. If statement of claim is not filed within 30 days, then the labour Court will be at liberty to dismiss the reference. (R.S.MOHITE,J) 3