TMI Blog2006 (4) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... f the judgment rendered by a Division Bench of the Karnataka High Court upholding the view of the learned Single Judge directing the appellants to appoint respondent No.1 (hereinafter referred to as the workman ) in an appropriate vacancy in terms of Clause 4 of the Settlement dated 29.1.1979. Factual position in a nutshell is as under: Respondent No.1 was working as a nominal muster roll workman with the appellant No.1- Karnataka Power Corporation Ltd. (In short Corporation ). On 29.1.1979 a settlement was arrived at in terms of Section 12(3) of the Industrial Disputes Act, 1947 (in short the Act ). Clause 4 of the Settlement which is relevant reads as follows: Casual Labour- Casual workmen who have worked for a period of not les ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge holding that it would be too much to expect a writ petitioner to retain copies of the communications that he had sent to the Corporation. Since the alleged acknowledgments produced had shown that some officers of the Corporation received the communications it would be desirable to accept the stand that representations were made and it would not be correct to say that the writ petitioner had slept over the matter for 18 years, as he was agitating the matter. The Writ Appeal filed by the Corporation was dismissed on the ground that Clause (4) of the Settlement clearly provided that as and when vacancy would arise, the workman would be appointed. That being the position, there was no scope for interference with the order of the learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xercise their discretionary powers under Article 226 of the Constitution. In an appropriate case the High Court may refuse to invoke its extraordinary powers if there is such negligence or omission on the part of the applicant to assert his right as taken in conjunction with the lapse of time and other circumstances, causes prejudice to the opposite party. Even where fundamental right is involved the matter is still within the discretion of the Court as pointed out in Durga Prasad v. Chief Controller of Imports and Exports (AIR 1970 SC 769). Of course, the discretion has to be exercised judicially and reasonably. What was stated in this regard by Sir Barnes Peacock in Lindsay Petroleum Company v. Prosper Armstrong Hurd etc. (1874 (5) P.C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that what has been stated as regards that Article would apply, a fortiori, to Article 226. It was observed in R.N. Bose v. Union of India (AIR 1970 SC 470) that no relief can be given to the petitioner who without any reasonable explanation approaches this Court under Article 32 after inordinate delay. It was stated that though Article 32 is itself a guaranteed right, it does not follow from this that it was the intention of the Constitution makers that this Court should disregard all principles and grant relief in petitions filed after inordinate delay. It was stated in State of M.P. v. Nandlal (AIR 1987 SC 251), that the High Court in exercise of its discretion does not ordinarily assist the tardy and the indolent or the acquiescent a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentations was not regarded as satisfactory explanation of the delay. In that case the petition had been dismissed for delay alone. (See State of Orissa v. Arun Kumar (AIR 1976 SC 1639 also). Additionally, whether Clause (4) of the Settlement was applicable to respondent No.1-workman could not have been adjudicated in a writ petition. In fact, the High Court has not even given any finding in that regard. As has been observed by this Court in ONGC Ltd. and Anr. v. Shyamal Chandra Bhowmik (2006 (1) SCC 337) in cases of this nature a writ petition is not the proper remedy. Looked at from any angle, respondent No.1-workman was not entitled to any relief. The orders of the learned Single Judge and the Division Bench cannot be maintaine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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