Shri. K. B. Mruthunjaya Acharya v. M/S. Gomes Engineering Works And ORS.

907.8322.16-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8322/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Pramod J. Pawar for the petitioner Mr. B. K. Ashok i/b. Bekay Legal for the Respondent Nos.1 to 3.

CORAM : K. K. TATED, J.

DATE : FEBRUARY 24, 2017 P.C.:

1.

Heard. By this petition under Article 227 of the Constitution of India the Petitioner challenges the oral judgment dated 15.01.2015 passed by the Industrial Court, Maharashtra, at Mumbai in complaint (ULP) No.391/2010 rejecting the petitioner's complaint of unfair labour practice under Items 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 2.

In the present proceedings, the petitioner made several prayers in his complaint for restraining the respondent Nos.1 to 3 by an order of injunction from deducting any illegal deduction from his salary, from issuing the misleading salary Basavraj G Patil 1/2

907.8322.16-wp slip and for directions to respondent Nos.1 to 3 to furnish provident fund slips, ESIC deduction statements from 2003 to 2010, etc. The Industrial Court, in paragraph 16 of the impugned judgment recorded that the petitioner failed and neglected to place on record any evidence to show that the respondent engaged in unfair labour practice. 3.

Apart from that the learned counsel for the respondent submits that they are ready and willing to give withdrawal form of provident fund to the petitioner, if he makes an application. The statement is recorded.

4.

Considering the judgment dated 15.01.2015 passed by the Industrial Court, particularly, paragraph 16 of the impugned judgment, I do not find any substance in the Writ Petition.

5.

Writ Petition stands rejected.

JUDGE Basavraj G Patil 2/2