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TMI Blog2006 (4) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 less than 240 days during a period of 12 calendar months are agreed to be brought on monthly establishment from the first of the following month effective from 1.10.1978, subject to availability of vacancies. The surplus workmen, if any, will be kept on the waiting list and appointed as and when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 Single Judge. Learned counsel for the appellant-Corporation and its functionaries submitted that there was no evidence produced by the respondent to show that in 1982 and/or 1989 he approached the Corporation for employment. Even if it is accepted for the sake of argument that he sent representa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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. 221 at page 239) was approved by this Court in Moon Mills Ltd. v. Industrial Courts (AIR 1967 SC 1450) and Maharashtra State Road Transport Corporation v. Balwant Regular Motor Service (AIR 1969 SC 329). Sir Barnes had stated: "Now, the doctrine of laches in Courts of Equity is not an arbitrary or te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and the lethargic. If there is inordinate delay on the part of the petitioner and such delay is not satisfactorily explained, the High Court may decline to intervene and grant relief in exercise of its writ jurisdiction. It was stated that this rule is premised on a number of factors. The High Court does not o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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