Mohd. Irfan Mohd. Khalil v. Municipal Council, Daryapur, Thr. Chief Officer, Daryapur

1 wp2288.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2288/2017 Mohd. Irfan Mohd. Khalil ..VS..

Municipal Council, Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. Katkar, Adv h/f Shri N.R. Saboo, Adv for the petitioner Shri R.J. Kankale, Advocate for the respondent CORAM : Z.A.HAQ, J.

DATED : 09/01/2019 Heard.

The petitioner - employee has challenged the order passed by the Industrial Court by which the complaint filed by him under Section 28 read with Items 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971, is dismissed. The Industrial Court has dismissed the complaint recording that the employee has not been able to show that he was engaged by the respondent - employer and the relationship of the employer - employee existed. Before this Court also, the petitioner has not been able to point out that some relevant evidence/material produced on record before the Industrial Court is not considered by the Industrial Court and the findings recorded by the Industrial Court are not sustainable.

Hence, I see no reason to interfere with the impugned order.

2 wp2288.17 The writ petition is dismissed. In the circumstances, the parties to bear their own costs. JUDGE Ansari