* 1 * N/M-2552-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2552 OF 2009 IN APPEAL (LODG) NO. 441 OF 2009 IN NOTICE OF MOTION NO. 326 OF 2008 IN WRIT PETITION NO. 330 OF 2006 Mahadev Gaikwad ...Appellant/Orig.Resp. V/S. Anand Nursing Home ...Resp/Orig.Petitioner ------- Mr. Dilip N. Mandavia, Advocate for the appellant. None for the respondent. CORAM : D.K. DESHMUKH, & SMT. R.P. SONDURBALDOTA, JJ. DATED : 8th JUNE, 2010. P.C. :- 1. Heard learned counsel for the appellant. 2. There is a delay of 300 days in filing the appeal. The reason given for the delay is paucity of funds. Therefore, we have to find out whether there is prima-facie case in favour of the appellant. * 2 * N/M-2552-09 3. We have heard the learned counsel for the appellant on merits of the appeal also. Though there is an order made by the Labour Court of reinstatement and backwages, the order of reinstatement has not been stayed by the High Court Therefore, the appellant is free to execute the order passed by the Labour Court so far as it grants reinstatement in service. In this situation therefore, in our opinion, no fault can be found with the order of the learned Single Judge rejecting the application made under Section 17B of the Industrial Disputes Act, 1947. As the delay is enormous, the explanation for the delay not being proper and as the appellant also does not have a good case on merits insofar as his appeal is concerned, in our opinion, it will not be in the interest of justice to condone the delay. The Appeal and the Notice of Motion are disposed off. [SMT. R.P. SONDURBALDOTA, J] [D.K. DESHMUKH, J]