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Bombay High CourtWP/3857/2014dispossed offdismiss for default

Manohar S/O Chntaman Dhamankar v. Maharashtra State Electricity Transmission Company Limited, Through Its Executive Engineer, And Oth

2016-02-23Hon'Ble Shri Justice Ravi K. Deshpande2 pages

2302wp3857.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.3857 of 2014 (Shri Manohar s/o Chintaman Dhamankar v. Maharashtra State Electricity Transmission Co. Ltd., through its Executive Engineer, Mumbai, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.N. Sen, Advocate for Petitioner.

Shri A.D. Mohgaonkar, Advocate for Respondent Nos.2 and 3. Coram : R.K. Deshpande, J.

Date : 23 rd February, 2016 The Industrial Court has held that the petitioner has failed to establish that he is a workman, and, therefore, the complaint filed by him is not maintainable before it.

In view of this, Shri Sen, the learned counsel appearing for the petitioner, submits that the petitioner may be permitted to approach the appropriate forum, keeping all the questions on merits open.

In view of above, the petition is dismissed. Needless to say that any observations, if made on the merits of the matter by the Industrial Court in the impugned judgment and order, shall not come in the way of the petitioner in prosecuting his remedy in the appropriate forum. All the question on the merits of the

2302wp3857.14.odt matter are kept open to be adjudicated upon by the appropriate forum.

Judge.

Lanjewar