wp2814.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.2814/2011 Arvind Babaraoji Ghadge -vs- Member, Industrial Court, Nagpur and others. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri J.L. Bhoot and B.G.Chaudhary, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : 04.10.2011. Heard. The petitioners had filed complaints before the Industrial Court, Nagpur in the year 2007 along with an application for condonation of delay in filing the complaints. The complainants were in the employment of the respondent industry and had retired some time during the years 2001, 2002 and 2003. They had opted for voluntary retirement scheme which is popularly known as Gujarat Pattern. It is stated by the complainants in the application for condonation of delay that they became aware that they were not granted ex gratia payment as per Gujarat Pattern at the time of retirement and since the cause of action was continuous and recurring, the delay should be condoned and the complaints should be decided on merits. According to the respondents, there was no sufficient cause for condoning the inordinate delay of four to six years. It was also the case of the respondents that the complainants were not diligent and the delay was also not wp2814.11.odt 2/2 explained satisfactorily. The respondents submitted that some of the employees of the respondent establishment had preferred a writ petition seeking the benefits as per Gujarat Pattern but the said writ petition was dismissed on 30th of April, 2004 on the ground of delay and laches. The Industrial Court, by an order dated 31st of January, 2011 rejected the application filed by the complainants. The order passed by the Industrial Court on 31st of January, 2011 appears to be just and proper. The petitioners had not satisfactorily explained the delay of about four to six years in filing the complaints. The Industrial Court found and rightly so, that there was totally inaction on the part of the petitioners for considerable time and due to the inaction valuable right had been accrued in favour of the respondents. The Industrial Court heavily relied on the order passed by the High Court on 30th of April, 2004 dismissing the writ petition filed by certain other employees of the respondent industry claiming similar reliefs, on the ground of delay and laches. Since the complainants-petitioners were not vigilant and the delay was not explained satisfactorily, the Industrial Court did not commit any error in rejecting the application for condonation of delay in filing the complaints. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE