Bombay High Court

Mahadev Kashinath GadeversusState of Maharashtra

Disposal: DISPOSED OFF

Holding

The petition is dismissed because the 19‑year delay is unexplained and amounts to latches.

Summary

The petitioner, Mahadev Kashinath Gade, was terminated on 30 June 2006 and filed a writ petition in 2026 seeking the reference of his industrial dispute after a delay of 19 years, relying on a demand notice dated 9 June 2025 and a communication from the Deputy Commissioner of Labour dated 14 October 2025. The petition challenged the Deputy Commissioner's communication and asked the State to refer the dispute. The Court examined the extraordinary delay and found no satisfactory explanation for it. Consequently, the Court dismissed the petition on the ground of inordinate delay and latches. The dismissal means the industrial dispute will not be referred for adjudication.

Issues considered

Whether a writ petition seeking reference of an industrial dispute can be entertained after a delay of 19 years.
Whether the Court can dismiss the petition on the ground of inordinate delay and latches.

Subjects

industrial dispute
writ petition
delay
latches
termination
labour law

Judgment

2026:BHC-AUG:43441-DB


                                                1                 44-WP-12203-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 12203 OF 2026

                                   MAHADEV KASHINATH GADE
                                            VERSUS
                                    STATE OF MAHARASHTRA
                                                ...
              Mr. Parag V. Barde, Advocate for the Petitioner
              Mr. V. M. Kagne , AGP for Respondents/State
                                                ...

                                       CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.
                                        DATE : 21st SEPTEMBER, 2026

              PER COURT :

              1.           This   petition challenges   the communication     dated

              14/10/2025 issued by the Deputy Commissioner of Labour, Nashik

              Division, Nashik. Petitioner also seeks direction to respondent No.2

              to refer the industrial dispute raised by him as per the demand

              notice dated 09/06/2025.

              2.           Petitioner was terminated on 30/06/2006 and he is

              seeking reference of his dispute after a delay of 19 years. There is

              absolutely no explanation of the inordinate delay. Writ petition is,

              therefore, dismissed on the ground of delay and latches.



              (ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)




              SVH

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