Mr. Ajij Ahmed Shaikh v. District Civil Surgeon Civil Hospital, Nashik And ORS.

hcs 39.w2030.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2030 OF 2018 Ajij Ahmed Shaikh .. Petitioner.

Vs.

District Civil Surgeon & Ors.

.. Respondents.

Ms.Jyoti Bajpayee for the petitioner.

Mrs. Vaishali Nimbalkar AGP for Respondent Nos.1 and 2. CORAM : A.K. MENON, J.

DATED : 26TH FEBRUARY, 2018 P.C. :

1.

By this petition, the petitioner seeks to challenge the order dated 4th August, 2017 passed below Exhibit U-2 in complaint (ULP) No.36 of 2017 whereby the complaint of unfair labour practice was alleged against the respondent by issuing a letter dated 19th July, 2017 Exhibit-D to the petition asking the petitioner to vacate the premises being hospital required for its own purposes. The impugned order records that the Court did not have jurisdiction to decide the right to possession and on the aspect of unfair labour practice it was observed that the complainant has not established the allegations in the complaint, however, he has not produced any documents in 1/2

39.w2030.18 support of his case. The impugned order in my view cannot be termed to be perverse or unjust in any manner. In the circumstances there is no reason to interfere with the impugned order in writ jurisdiction of this Court. Petition is dismissed. No order as to costs.

(A.K. MENON,J.) 2/2