1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No. 9100/2008 in L. P. A. St. No. 17545/2008 in W. P. No. 4664/2005 (Decided) State of Maharashtra thr. Its Secretary and others ..vs.. Babulal Wanusha Wasnik -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Ms. T. Khan, A.G.P. for applicants. CORAM: D. K. DESHMUKH AND PRASANNA B. VARALE, JJ. DATED : 17 th DECEMBER, 2008 Delay in filing the appeal is of 242 days. The reasons, that have been given for the delay are of general nature. No specific reason has been given. Perusal of the order impugned shows that the L.P.A. against the main order has already been rejected. Learned A.G.P. sought to argue that the Industrial Court had no jurisdiction to entertain the complaint because the complainant was not in the employment on the date on which the complaint is filed and, therefore, he should have gone to the Labour Court. Under the M.R.T.U & P.U.L.P. Act a complaint against illegal termination of service can also be entertained by the Industrial Court if the termination is brought about contrary to law or in breach of settlement or award. Therefore, it cannot be taken as absolute preposition that whenever there is complaint filed making grievance about the termination of service, the Industrial Court will not 2 have the jurisdiction. In each case it will be a question to be examined by the Court on the facts of each case and, therefore, as admittedly the appellant had not raised that objection either before the Industrial Court or the leaned Single Judge, in our opinion, it could not have been raised, for the first time, in this appeal. There is no substance. Condonation of delay will not serve the purpose. Civil Application is rejected. JUDGE JUDGE kahale