Mah.State Cooperative Cotton Growers Marketing Fe. v. Devidas Khanderao Deshmukh

09062015lpano.207.2005 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Letters Patent Appeal No. 207 of 2005 in Writ Petition No. 1507 of 1991. Maharashtra State Co-operative Cotton Growers Marketing Federation Ltd. Amravati Division, Amravati vs. Devidas Khanderao Deshmukh Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders.

Orders.

None for the appellants.

Shri D.M.Upadhy, Adv. for respondent.

CORAM: B.R.GAVAI & INDIRA K. JAIN, JJ DATE : 9.6.2015 On 8 th June, 2015, none appeared for the appellant. As such the matter was directed to be listed today for dismissal. Today also, none appears for the appellant. The appeal challenges the order passed by the learned Single Judge of this Court thereby allowing the petition of the respondent employee.

The petition was filed by the respondent employee challenging the order of the Labour Court thereby answering the reference against the employee. The learned Single Judge, while allowing the petition and setting aside the order of

09062015lpano.207.2005 2 termination, came to the conclusion that while dismissing the respondent employee from the service, the employer had not followed the basic principles of natural justice inasmuch as no opportunity was given to the employee to defend himself prior to passing the order of termination. Taking into consideration the elaborate reasonings given by the learned Single Judge allowing the petition, we do not find that it can be said that the view taken by the learned Single judge is either illegal or erroneous. No case is made out to interfere. The appeal is, therefore, dismissed.

JUDGE JUDGE patle

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