Bombay High Court
TAYABALI MUSTAFA SAYEDversusM/S BAJAJ AUTO LTD THROU. ITS DIRECTOR
- Decided
- Disposal
- Disposed Off
Holding
The petition was dismissed on the ground of gross delay and laches.
Summary
The petitioner, Mr. Tayaballi Mustafa Sayed, filed a writ petition challenging an award dated 18 September 1999 passed by the Presiding Officer of the 3rd Labour Court in Reference (IDA) No. 221/1987, seeking removal of the stigma of his termination by M/s. Bajaj Auto Limited. The petition was filed 25 years after the award and 38 years after the termination, when the petitioner was 70 years old. The Court observed that the petition suffered from gross delay and laches, and that the alleged intention to remove stigma was not a sufficient ground for relief. Consequently, the Court declined to entertain the petition. The writ petition was dismissed.
Issues considered
- Whether a writ petition filed after a delay of 25 years can be entertained despite the doctrine of laches
- Whether the alleged intention to remove the stigma of termination constitutes a valid ground for relief
Subjects
- laches
- delay
- writ petition
- termination
- labour court award
- stigma removal
Judgment
Neeta Sawant 6-WP-12855-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12855 OF 2024
Mr. Tayaballi Mustafa Sayed ...Petitioner
: Versus :
M/s. Bajaj Auto Limited ...Respondent
Mr. Vaibhav V. Ugle a/w. Mr. Mohan Waghmode, for the Petitioner.
CORAM: SANDEEP V. MARNE, J.
DATED: 30 SEPTEMBER 2026.
P.C.:
1) The petition challenges Award dated 18 September 1999
passed by the Presiding Officer, 3 rd Labour Court in Reference (IDA)
No. 221/1987. The petition suffers from gross delay and more
importantly laches. The petition has been filed after delay of 25 long
years.
2) Mr. Ugle, the learned counsel appearing for the Petitioner
submits that the only intention behind filing the present petition is
removal of stigma of termination. However, it appears that the
Petitioner has been terminated on 18 June 1986. He has suffered the
PAGE NO. 1 of 2
Wednesday, 30 September 2026
Neeta Sawant 6-WP-12855-2024.docx
stigma for 38 long years. He has now reached the age of 70 years. It
therefore cannot be contended that the intention behind filing of the
petition is removal of stigma. The petition suffers from gross delay and
laches. I am therefore not inclined to entertain the petition. The Writ
Petition is accordingly dismissed.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.30
15:29:00
+0530 [SANDEEP V. MARNE , J.]
PAGE NO. 2 of 2
Wednesday, 30 September 2026
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