Champshi Doongershi Heffa v. Union Of India, Ministry Of Agriculture, Dept Of Agriculture And Co-Operation And ORS

Prs 1 4 wp 672-14-c IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.672 OF 2014 Champshi Doongershi Heffa ... Petitioner V/s.

Union of India, Ministry of Agriculture Dept of Agriculture and Co-operation and ors. ... Respondents --- Mr.A.S.Peerzada, Advocate for the Petitioner. Ms.Nisha Natvarlal Valani, Advocate for Respondent No.1. Mr.Ashok D. Shetty with Mr. Swapnil P. Kamble, Advocate for Respondent No.4.

--- CORAM : ANOOP V. MOHTA AND RAVINDRA V. GHUGE, JJ.

DATE : 4 APRIL 2017.

ORDER :

1.

This matter was heard for sometime. Issues as regard to the fairness of the inquiry and the findings of the Inquiry Officer have been raised.

2.

Since the Petitioner is not a workman as defined under Section 2(s) of the Industrial Disputes Act and is not an employee as defined under Section 3(5) of The Maharashtra Recognition of

Prs 2 4 wp 672-14-c Trade Unions and Prevention of Unfair Labour Practices Act, 1971, the Petitioner desires to withdraw this Petition so as to raise a challenge before the Civil Court.

3.

Considering the above, this Petition is disposed of, as withdrawn on instructions of the Petitioner present in the Court with liberty. Needless to state, all contentions raised in this Petition are kept open in as much as the time spent by the Petitioner from the date of the filing of the Petition on 27th September, 2013 till the passing of this order, shall be a good ground for condonation of delay, if any.

(RAVINDRA V. GHUGE,J.) (ANOOP V.MOHTA,J.) ....