Delhi High Court
Shri Mehar Chand vs M.C.D. And Others on 23 October, 2009
Author: S.N. Aggarwal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C.) No. 12600/2009
% Date of Decision: 23rd OCTOBER, 2009
# SHRI MEHAR CHAND
.....PETITIONER
! Through: Mr. Amrit Pal Singh, Advocate.
VERSUS
$ M.C.D. AND OTHERS
....RESPONDENTS
^ Through: Ms. Maninder Charya for respondent No. 1.
CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL
1. Whether reporters of Local paper may be allowed to see the
judgment? NO
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in the Digest? NO
S.N.AGGARWAL, J (ORAL)
CM No. 13172/2009 in W.P.(C) No. 12600/2009
Exemption as prayed for is granted subject to all just exceptions.
W.P.(C) No. 12600/2009
The petitioner was employed as a Beldar on muster roll in the
Horticulture Department of Municipal Corporation of Delhi w.e.f.
12.02.2006. He was promoted to the post of Mali on 01.06.1973. He
remained unauthorizedly absent from duty from 19.12.1987 to
31.10.1991. He was served with a charge-sheet by the management of
the respondent on 19.11.1992 proposing to initiate disciplinary
proceedings for major penalty against him. Later on, the said disciplinary
proceedings were substituted from major penalty to minor penalty. It
seems that the petitioner continued to work with the respondent as Mali
till he was allegedly not allowed to mark presence w.e.f. 05.01.1994.
2 The petitioner raised an industrial dispute with regard to his alleged
termination and non payment of salary to him for the months of January
& February, 1994 and April, 1994 to July, 1994 and the said dispute was
referred by the appropriate Government in the Government of NCT of
Delhi to the Labour Court for adjudication. This dispute was raised by the
workman after 10 years of alleged termination in July, 2003. The
reference was not pursued by the petitioner and for that reason a 'no
dispute award' was passed by the Labour Court in ID No.197/2004 on
29.04.2005. This 'no dispute award' was set aside at the behest of the
petitioner workman by the Labour Court vide its order dated 11.09.2006.
Opportunity was given to both the parties to prove their respective
contentions. The Labour Court, after scrutiny of the evidence produced
by the parties before it, decided the reference against the petitioner
workman vide award dated 24.08.2007, which is subject matter of
challenge in the present writ petition.
3 The award against the petitioner workman by the Labour Court was
passed on 24.08.2007. This writ petition has been filed by the petitioner
after more than two years of passing of the award. Though there is no
limitation prescribed for filing of a writ petition but the law is well settled
that principles of delay and latches are applicable even to the writ
petitions. A litigant is expected to approach the Court promptly in case he
seeks to challenge an order of the Labour against him. There is no cogent
or convincing explanation furnished by the petitioner for delay of more
than two years in filing of the present petition.
This writ petition is, therefore, dismissed in limine as barred by
delay and latches.
OCTOBER 23, 2009, S.N.AGGARWAL, J
a
