1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4095 OF 2010 WITH CIVIL APPLICATION NO. 1479 OF 2010 B. Muthanna ..Petitioner versus The Department of Telecommunications New Delhi & Ors. ..Respondents Mr. K. R. Yelve for Petitioner. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JUNE 15, 2010. P.C. : 1. Heard the learned counsel for the petitioner. 2. The writ petition is directed against the Award dated 18th August 2008 passed by the Central Government Industrial Tribunal No. 2, Mumbai. The following facts are not in dispute. The Government of India, Ministry of Labour by its Order dated 8th August 2004 in exercise of the powers conferred by clause (d) of sub- section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 have referred the following dispute to the Tribunal for adjudication: 2 “Whether the action of the Management of BSNL, Mumbai in terminating the services of Sh. B. Muthanna w.e.f. 28/9/1993 is justified? If not, what relief Sh. Muthanna is entitled to.” 3. Considered the contentions canvassed by the learned counsel. Perused the impugned order passed by the Tribunal. The observations in paragraph 11 of the impugned order show that the petitioner in his deposition has stated that he was not interested in re-employment. The services of the petitioner came to be terminated by issuing charge sheet in 1988 and after holding enquiry. Though the petitioner was terminated vide order dated 28th September 1993 the challenge raised by the petitioner by making reference was in the year 2004. The petitioner has not given any reasons for the inordinate delay caused in approaching the appropriate authority. It appears that the petitioner not even bothered to give reply to the charge sheet nor placed any material in order to substantiate his claim mentioned in the reference. 4. It is in these circumstances the reference came to be rejected by the impugned order which is just and proper, needs no interference. Writ petition is dismissed. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)