Bombay High CourtWP/7407/2014dismissed

Mr. Lahanu Gaikar v. Project Officer, Ekatmik Adivasi Vikas Prakalp

2015-07-01Hon'Ble Smt. Justice R.P. Sondurbaldota1 pages

Rane * 1/1 * WP-7407-2014.doc (sr. no.10) Wednesday,1.7.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.

Lahanu Gaikar .....Petitioner : V/S :

Project Officer, Ekatmik Adivasi Vikas Prakalp .....Respondent * * * * * Mr. A.K. Jalisatgi i/by. Mr. Robin Fernandes, Advocate for the petitioner.

Ms. Vaishali Nimbalkar, AGP for respondent no.1. * * * * * * Coram :- Coram :- Smt. R.P. SondurBaldota, J.

Smt. R.P. SondurBaldota, J.

1st st July, 2015.

July, 2015.

P.C. :- P.C. :- 1).

This petition challenges the order dated 4th December, 2013 by which the Labour Court had answered the reference at the instance of the petitioner in the negative holding that the termination of the petitioner from service was legal as he had not put in 240 days of continuous service and hence his termination did not amount to retrenchment and consequently the provision of Section 25F of the Industrial Disputes Act was not attracted. The petitioner has not put in 240 days of service for attraction of Section 25F being substantiated by the evidence on record, there is no merit in the challenge to the impugned order. Hence, the petition is dismissed. (SMT. R.P. SONDURBALDOTA, J) (SMT. R.P. SONDURBALDOTA, J)