Shri. Kiran Ganpati Kamble v. Lagvad Adhikari, Samajik Vanikaran Parikshetra Panhala

Rekha Patil 1 26-wp-5989-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5989 OF 2019 Kiran Ganpati Kamble ..Petitioner.

V/s.

Lagvad Adhikar, Samajik Vanikaran Parikshetra Panhala.

..Respondent.

Mr. Manoj Patil for the petitioner.

Mr. S.S. Panchpor for the respondent.

CORAM: NITIN W.SAMBRE, J.

DATE : June 20, 2019.

P.C.:- The petitioner preferred complaint-ULP No. 125 of 2006 which came to be dismissed by the learned Labour Court, Kolhapur vide judgment and order dated July 24, 2009 which confirmed in Revision Application No. 92 of 2010. As such, this petition. Apart from unexplained delay, perusal of both the judgments prima-facie depicts that same are passed on basis of pleadings and the evidence brought on record.

Rekha Patil 2 26-wp-5989-2019.odt With the assistance, I have gone through the evidence placed on record by the learned counsel for the petitioner. The prayer of the petitioner is, he was daily-wager and worked from 29/06/2001 till 15/03/2006, however, his name was removed from the muster by the respondent-employer. In cross-examination he claimed that he has completed 240 days and was unable to disclose the nature of the work he was carried thereunder.

In the aforesaid background, the view taken by the Court below, does not warrant interference.

Petition as such fails, dismissed.

(NITIN W.SAMBRE, J.)