1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BEN CH : NAGPUR WRIT PETITION No. 414/2010. ( Narayan Dixit Rice Mill -: versus :- Gangaram Bhojiram Dhande ) WRIT PETITION No. 415/2010. ( Narayan Dixit Rice Mill -: versus :- Waman Kashiram Rangari ) WRIT PETITION No. 416/2010. ( Narayan Dixit Rice Mill -: versus :- Shriram Kothiram Dolas ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 29, 2010. Heard Shri V.P. Marpakwar, learned counsel for petitioners. The Labour Court as also Industrial Court has fund that the employees were in service for about 20 years and defence of abandonment of service was not established. Learned Counsel for petitioner has tried to contend that as this was only Rice Mill in the area, many times customers brought persons available at spot for loading and unloading their material. Attention is invited to specific pleading in paragraph no.12 for said purpose. It is apparent that it is a question of fact and unless and until there is evidence to substantiate it, such defence cannot be accepted. Courts have found that notice allegedly forwarded to labours to report back on duties and relied 2 upon petitioner to prove that they were absconding is sent under UPC on Sunday. Concurrent findings recorded by labour Court in paragraph no.14 and by Industrial Court in paragraph no.24 are neither erroneous nor perverse. No case is made out warranting interference in such circumstances. Writ Petition is dismissed with no order as to cost. JUDGE Rgd.