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Bombay High CourtLPA/114/2015disposed offdismissed for default

Bhagwanrao Narayanrao Bharkad And Others v. The State Of Maharashtra And Others

2017-06-29Hon'Ble Shri Justice S C Dharmadhikari,Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 LPA - 114-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 114 OF 2015 IN WRIT PETITION NO. 1913 OF 2010 Bhagwanrao S/o Narayanrao Bharkad and others .. Appellants VS.

The State of Maharashtra and others .. Respondents ---- Mr. U.R. Awate, Advocate for the appellants Mr. D.R. Kale, A.G.P. for the respondent/State ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 29-06-2017 ORAL ORDER :

1.

Having heard appellants' Advocate and perusing the order of the Industrial Court, so also that of the learned Single Judge of this Court, we find that the learned Single Judge has rightly refused to interfere with the order of the learned Member, Industrial Court.

2.

Learned Member of the Industrial Court held that the petitioners were in employment from August, 1996 upto 4th July,

2 LPA - 114-2015 1997. They are not entitled to any payment thereafter. The claim for reinstatement is also rejected. We do not understand therefore the basis for claiming the wages even after this duration or period. Learned Single Judge therefore rightly held that the petition filed by the petitioners has no merit and deserves to be dismissed. 3.

Such a conclusion reached by the learned Single Judge, on the basis of appreciation and appraisal of relevant materials cannot be interferred with in the absence of any perversity or error of law apparent on the face of the record.

4.

In the circumstances, we do not find any merit in this Letters Patent Appeal and it is dismissed.

[MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/