1. The petitioners herein have challenged the decision of the Labour Court rejecting the M.A No. 8/2008 for amendment in condonation of delay application.
2. The petitioners have tried to challenge two orders passed by the Industrial Court, Surat vide Ex. 15 & Ex. 17. The order in Ex. 15 was passed on 05.05.2010 on the ground that the application was not filed on affidavit and the said grounds are not stated in the main application. Thereafter, another application for amendment was filed vide Ex. 17 without seeking permission and the same was also rejected.
3. It is the case of the petitioners that the factual foundation which lead to delay in filing of the application was amended by way of M.A No. 08/2008 in the delay condonation application. The said application was rejected on the ground of delay and non filing of an affidavit in filing the application which was corrected by the petitioner by way of second application. The second application was also rejected on the ground of rejection of earlier MA for condonation of delay. This Court is in complete agreement with the reasonings adopted by the Court below and therefore does not see any reason for causing interference in the same.
4. It shall also not be out of place to mention that because of this delay the workman has suffered for no fault of his. The courts currently are of the general view that backwages are not required to be granted and therefore the delay on the part of the petitioners shall prove to be quite grave as far as the workman is concerned in view of the fact that the reinstatement order if passed by the Court shall be delayed and the workman shall also not get any backwages for the same. The Court below has rightly not allowed the applications filed by the petitioners after such a delay of almost two years.
5. This petition is devoid of any merits and accordingly, stands dismissed.
(K.S.
JHAVERI, J.) Divya// Top