Gautamkumar S/O Dhammarakshit ... vs Nagar Parishad, Shegaon Through ...
2023 Latest Caselaw 10624 Bom

                                                               1                            26-6839-2019.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR

                                   WRIT PETITION NO. 6839/2019

                        Gautamkumar s/o Dhammarakshit Nirwan
                                          Vs.
                               Nagar Parishad, Shegaon

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or     directions and
Registrar's orders

                                   Mr. P.J. Mehta, Advocate for petitioner
                                   Mr. D.M. Kale, Advocate for Respondent


                                   CORAM:         AVINASH G. GHAROTE, J.

DATED : 12th OCTOBER, 2023

The impugned judgment dated 20/2/2018 passed in Misc. Restoration Case No.4/2015 is conceded by Mr. Kale, learned for the respondent to be covered by the judgment of this Court in Maharashtra State Cotton Marketing Employees Co- operative Spinning Mill Ltd., Akola Vs Satish Narayanrao Gawande 2021 (4) Mh.L.J. 338, specifically what has been stated in para 16.2 therein which holds that an application under Section 31(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 for setting aside the ex-parte order filed after 30 days of the receipt of the copy of order, can be entertained and dealt with by applying the provisions of Section 5 of the Limitation Act, 1963, in view of the mandate of 2 26-6839-2019.odt

Section 29(2) of the Limitation Act and the delay, if the reasons are found sufficient can be condoned in appropriate cases, considering which, the impugned judgment, which dismissed restoration application taking contrary view is quashed and set aside and the matter is remitted back to the learned Industrial Court, Akola to decide afresh in the light of what has been stated in Maharashtra State Cotton Marketing Employees Co-operative Spinning Mill Ltd., Akola Vs Satish Narayanrao Gawande (supra). The petition is accordingly allowed in the above terms. No costs.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 13/10/2023 10:39:31