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Bombay High CourtWP/6306/2016rejected

Mr. Vinayak Dinkar Vadake v. Sadhana Traders

2017-03-16Hon'Ble Shri Justice K.K. Tated2 pages

10 wp 6306-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 6306 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Meelan Topkar for the Petitioner.

CORAM : K. K. TATED, J.

DATED : 16/03/2017 P.C.:

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Heard learned Counsel for the petitioner.

By this petition under Articles 226 & 227 of the Constitution of India the Petitioner challenges the Award dated 05.08.2015 passed by the Labour Court, Kolhapur in Reference (IDA) No. 71 of 2011 rejecting the reference.

In the present proceeding, it was the case of petitioner that Respondent orally terminated his services w.e.f. 27.10.2009. Thereafter, the petitioner made application before the Government Labour Officer for his grievances. The Government Labour Officer issued notices to the Respondent.

The Respondent remained present before the Officer and pointed out that they never terminated petitioner's services. He on his own left the same. They called upon the petitioner to join the services Sneha Chavan 1/2

10 wp 6306-16=.doc by letters dated 20.01.2010, 29.03.2010, 15.04.2010 and 03.06.2010. Inspite of that, petitioner failed and neglected to resume his duty. This itself shows that the petitioner was not interested in services and on his own he has left the same. These facts were recorded by the Labour Court in paragraph 11 of the impugned Judgment.

Considering these facts and the impugned order, I do not find any substance in the present Writ Petition.

Writ Petition stands rejected.

(K.K.TATED, J.) Sneha Chavan 2/2