(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 11358 OF 2010 Shaikh Abdul Kadir. .. Petitioner. versus The State of Maharashtra & .. Respondents another. (No.2 - Complainant before Labour Court) ....................... Mr. S.P. Sonpawale, Advocate, for the petitioner. Mrs. V.A. Shinde, Assistant Government Pleader, for respondent no.1. Mr. V.D. Kulkarni, Advocate, holding for Mr. Y.R. Marlapalle, Advocate, for respondent no.2. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 5TH JANUARY 2011 COURT'S ORDER : 1. It is apparent that the order issuing process was (2) questioned in revision under Section 44 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (For short, hereinafter referred to as "MRTU & PULP Act"), and the learned Counsel appearing for the petitioner states that the Writ Petition filed against dismissal of that revision, also came to be rejected. 2. It is the grievance of the petitioner, that the process ought not have been issued directly and the petitioner should have been given opportunity to submit his say. In the alternative, attention is also invited to the judgment dated 28-11-2001 delivered in Complaint (ULP) No. 108/2000, in order to show to this Court, the alleged apparent illegalities in it. However, the learned Counsel appearing for the petitioner fairly states that the Letters Patent Appeal challenging that judgment is still pending. 3. In criminal prosecution under Section 48 of the MRTU & PULP Act, the petitioner moved application seeking leave to file say. By the impugned order, that application has been rejected. It is apparent that when order issuing process has attained finality, the view taken by the Labour Court cannot be said to be erroneous or perverse. 4. No case is made out warranting interference in (3) exercise of writ jurisdiction. 5. In the result, Writ Petition is dismissed. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp11358