Panaji: Bombay high court dismissed a petition filed by Uttar Pradesh State Bridge Corporation Ltd challenging a 2018 industrial tribunal and labour court order that directed the corporation to pay Rs 2.5 lakh each as compensation to six workmen within 60 days of the award.The tribunal had also ordered that if the compensation was not paid within the stipulated period, it would be liable to pay interest at 9% per annum.In May 2024, the corporation approached the high court, arguing that the tribunal had accepted its case that Yogendra Yadav and five other workmen, represented by the Goa Trade and Commercial Workers Union, were guilty of misconduct. The workmen were terminated in May 1992, but the tribunal held the termination to be illegal and unjustified citing Section 25-F of the Industrial Disputes Act; however, it could not have been applied because in the present case, the termination was based on misconduct.Section 25-F would apply in cases of retrenchment and not to termination of service for misconduct, the petitioner’s counsel told the court.Advocate Sabina Martins, appearing for the workmen, argued that the six-year delay in filing the challenge was sufficient ground to dismiss the petition.While the corporation sought condonation of the delay, the court found its explanation unacceptable. Justice S G Chapalgaonkar held that due to inordinate delay and laches, there was no reason to exercise the court’s extraordinary jurisdiction under Article 227 of the Constitution, and rejected the petition.
