NAGPUR DISTRICT CENTRAL COOPERATIVE BANK LIMITED Vs. ANURADHA

JUDGEMENT

(1.) The judgment of the learned Single Judge dated 05.08.2005 in Writ Petition No.4436 of 2004 is appealed against, by the Nagpur District Central Cooperative Bank Limited, in this letters patent appeal.

(2.) Few facts giving rise to the letters patent appeal are stated thus:

(3.) Being aggrieved by the conditional order passed by the appellant Bank on 18.03.1994, the respondent filed the complaint before the Industrial Court. An objection was raised by the appellant Bank to the maintainability of the complaint on the ground that the respondent had admitted her guilt and had prayed for mercy by preferring the mercy appeal. A preliminary issue in regard to the maintainability of the complaint was framed. The Industrial Court dismissed the objection raised by the Bank to the maintainability of the complaint. Aggrieved by the order overruling the preliminary objection, the Bank filed Writ Petition No.3079 of 1995. The said petition was allowed by this Court and the order of the Industrial Court was quashed and set aside. The matter was remanded to the Industrial Court for reconsidering the issue in regard to the tenability of the complaint. After the remand, by the order dated 31.10.2007, the Industrial Court dismissed the complaint. On the dismissal of the complaint, the respondent filed another complaint before the Labour Court challenging the order of termination dated 02.07.1993. Along with the complaint, an application was filed by the respondent for condonation of delay in filing the complaint. According to the respondent, there was no delay in filing the complaint as immediately after seeking clarification from the High Court on an application filed in Writ Petition No.3079 of 1995, the complaint was filed. According to the respondent, the respondent was bona fide prosecuting the matter before the Industrial Court and, hence, the delay in filing the complaint before the Labour Court was required to be condoned in the circumstances of the case. The Labour Court, however, by the order dated 05.10.2000 rejected the application filed by the respondent for condonation of delay. The revision challenging the order of the Labour Court was also dismissed. The orders of the Labour and the Industrial Court were challenged by the respondent in Writ Petition No.4436 of 2004. The learned Single Judge of this Court by the judgment dated 05.08.2005, allowed the petition filed by the respondent and condoned the delay in filing the complaint before the Labour Court. The order of the learned Single Judge is appealed against, in this letters patent appeal.