1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 455 OF 2010 (The Municipal Council, Pandharkawada vs. The Commissioner & Ors.) 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. APRIL 07, 2010. Heard Shri Dhatrak, learned counsel for the petitioner. The petitioner – employer contends that Respondent No.3 - employee was not behaving properly and was not reporting for duties and hence is not entitled to salary from 06.11.2003 to February 2005. The attention is invited to written statement particularly para 12 to substantiate this contention. Shri Bhuibhar, learned counsel for respondent No. 3, on the other hand, states that the employer has not taken any action whatsoever against Respondent No. 3 for his alleged irregular attendance or absence and charge sheet given on 10.06.2004 was for altogether different incidence. After hearing respective counsel, I find that the employer – petitioner is not in a position to point out how the period from 06.11.2003 to February 2005 has been treated/ regularized by it. The employee specifically stated that the then Chief Officer did not permit respondent No. 3 – employee to join duties and 2 no authentic material in this respect was produced in rebuttal by the petitioner. In this situation, I do not find anything wrong with the consideration of the controversy by the learned member of Industrial Court. Writ Petition is, therefore, dismissed. No order as to costs. JUDGE *GS.