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Bombay High CourtCA/1319/2008disposed offdismissed for default

Mahatma Basveshwar Shikshan Sanstha Latur Through Its Sec. v. Vilas Sidramappa Ardhapure

2015-06-19Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1319 OF 2008 IN LETTERS PATENT APPEAL ST.NO.632 OF 2008 IN WRIT PETITION NO.7489 OF 2005 Mahatma Basveshwar Shikshan Sanstha, Latur Applicant

Versus

Vilas s/o Sidramappa Ardhapure Respondent Mr.S.S.Halkude, advocate for the applicant.

CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 19th June, 2015 PER COURT:

This is an application seeking condonation of delay of 94 days occurred in presenting the appeal.

In view of the reasons recorded in the application, application deserves to be allowed and same is accordingly allowed. Delay of 94 days occurred in presenting instant Letters Patent Appeal stands dismissed.

Civil Application is disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca131908

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD LETTERS PATENT APPEAL ST.NO.632 OF 2008 IN WRIT PETITION NO.7489 OF 2005 Mahatma Basveshwar Shikshan Sanstha, Latur Appellant

Versus

Vilas s/o Sidramappa Ardhapure Respondent Mr.S.S.Halkude, advocate for the appellant.

CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 19th June, 2015 PER COURT:

Perused the order dated 07.09.2007, passed by the learned Single Judge, while dealing with Writ Petition No.7489 of 2010, thereby confirming the order passed by the Member, Industrial Court, Latur, in Complaint (ULP) No.317 of 2004. Save and except as regards deduction of amount of Rs.20,000/- towards arrears of salary, which the Respondentemployee is said to have received, the learned Industrial Court has recorded a finding that the employer is guilty of commission of unfair labour practice within meaning of item 9 of Schedule-IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, in withholding salary of the employee from 2002 and causing harassment to the employee. The finding recorded by the Industrial Court, on appreciation of evidence placed on record by the parties, has been confirmed by

{3} the learned Single Judge while dealing with the writ petition. We do not see any perversity or irregularity apparent on the face of record in the order passed by the learned Single Judge confirming the order passed by the Industrial Court. Letters Patent Appeal is devoid of substance.

Letters Patent Appeal stands dismissed. Pending Civil Applications do not survive and stand disposed of. P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca131908