w.p.3483/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3483/2011 M/s The Miss designer Collection Petitioner Vs. Mr.Ali Hassan Respondent Mr.Rajesh S.Patil for petitioner Mr.P.M.Patil for Res. CORAM-MRS.MRIDULA BHATKAR , J. DATE -4thJuly,2011 P.C. . As short question is involved,by the consent of both the parties this petition is heard finally at the stage of admission. 2 The respondent has filed an application before the 4th Labour Court,Mumbai challenging the termination of his service under Reference No.IDA/329/2005.Exparte award was passed in the said Reference on 30/5/2008 and the petitioner company was directed to reinstate the workman with continuation of his service and full back wages with effect from 2/7/2004 with costs. As per the case of the w.p.3483/11 2 workman though he served the copy of the award to the petitioner firm, he was never taken on work. Therefore, for implementation of the said Original Order the workman filed application no IDA 255/2009 under section 33 C(2) of the Industrial Disputes Act.The 12th Labour Court, Mumbai passed exparte order in the said matter also on 2/3/2010 directing the petitioner to pay an amount of Rs.3,78,000/- within 45 days from the date of the order and to pay costs of Rs.2000/-. 3 The petitioner thereafter approached the 12th Labour Court, Mumbai and made application in I.D.A.No.255/2009 on 6/9/2010. He obtained certified copy of order dated 2/3/2010 on 21/6/2010. The said application was filed alongwith the application for condonation of delay of 47 days. The application for condonation of delay was rejected on 15/2/2011.Being aggrieved by the said order, the petitioner has filed this petition. w.p.3483/11 3 4 In this petition the petitioner has challenged the original Award passed by the 4th Labour Court, Mumbai and also an order passed by the 12th Labour Court Mumbai. When other forum is available, these prayers cannot be entertained in the Writ Petition. The only prayer of condonation of delay of 47 days is considered. The petitioner is 72 years old and he has produced medical certificate of his sickness explaining the delay of few days. Considering these facts, the petition is allowed in the following terms. a) Order dated 15/2/2011 is set quashed and set aside and the application for condonation of delay is allowed with cost of Rs.2,000/-,to be paid to the respondent. b) The petitioner to deposit 50% of the decreetal amount of Rs.3,78,000/- within six weeks from today in the Labour Court,Mumbai. c) This order will come into effect only on payment of cost and after depositing the abovesaid decreetal amount. Thereafter the application for w.p.3483/11 4 setting aside exparte order will be heard. The Labour Court to decide the application on merit till 31/8/2011 and parties to co-operate. Petition is disposed of on above terms. Parties to act upon the authenticated copy of this order. Mrs.Mridula Bhatkar,J.