Bombay High CourtWP/743/2016dispossed offdismiss for default

Shri. Manoj S/O. Bhauraoji Jadhao v. The Amravati District Central Co-Op. Bank, Amravati, Through General Manager And Another

2016-07-14Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.743 OF 2016 (Shri Manoj s/o Bhauraoji Jadhao ..vs.. The Amravati District Central Co-operative Bank, through its General Manager, Amravati and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 14-07-2016 Heard Shri R.A. Gupte, Advocate for the petitioner.

The petitioner had filed complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 contending that his services were illegally terminated by the employer. The complaint was filed in October, 2000. The complaint was dismissed in default on 28-08-2007. The petitioner filed an application in March 2008 praying for restoration of the complaint. The Labour Court, by the order dated 06-07-2010, dismissed the application. The petitioner filed revision before the Industrial Court against the above order. The revision is dismissed by the impugned order.

The subordinate Courts have concurrently recorded that the petitioner has not been able to show that he was prosecuting the complaint diligently and

2 wp743.16 there was sufficient cause which prevented him from attending the matter on the date on which the complaint was dismissed in default. The petitioner has not been able to show that the findings recorded by the subordinate Courts suffer from any perversity. 4.

I do not find any reason to interfere with the impugned orders. The petition is dismissed. No costs. JUDGE adgokar CERTIFICATE "I certify that this Order uploaded is a true and correct copy of original signed Order."

Uploaded by : P.M. Adgokar.

Uploaded on : 16-07-2016.

P.A.