WP/8755/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8755 OF 2010 Nuruddin Basha Shaikh ... Petitioner V/s. The Depot Manager (C), MSRTC, Akkalkot Depot, Solapur & Anr. ... Respondents Mr. I.M. Khairdi for the Petitioner. Mr. G.S. Hegde for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATE : 22 ND NOVEMBER, 2010. P.C. : 1. This Writ Petition has been filed by a workman who has been issued a show cause notice directing him to show cause as to why his services should not be terminated for the misconduct committed by him. The Labour Court, Solapur has dismissed the Complaint (ULP) No.7 of 2009 and the revisional Court has confirmed that order in Revision Application No.28 of 2010. The main reason, it appears from the Petition, for challenging these orders is that the petitioner had remained absent from duty for only 23 days in January, 2009, after which his services were terminated. The petitioner contends that a minor penalty ought to have been imposed on him rather WP/8755/2010 2 than terminating his services, when he has been working in the establishment from 1986. Reliance is placed on the judgment of the Division Bench of this Court in the case of Managing Director, Bharat Containers Pvt. Ltd. vs. Arvind Waman Unhavana & Ors., reported in 1996 II CLR 241 . 2. The Labour Court in its impugned order has considered the fact that the petitioner chose to remain absent at the enquiry conducted against him. It has also considered the past service record of the petitioner. Under these circumstances, it has held that the petitioner was not entitled to any relief on the apprehended termination from service. 3. Since the petitioner has not replied to the show cause notice, in my opinion, there is no need to grant any relief to the petitioner or to express any opinion on merits. 4. The petitioner shall reply to the show cause notice within a period of two weeks from today. Till then his services will not be terminated. WP/8755/2010 3 5. The respondents will pass an order on the show cause notice only after considering the reply, if any, filed by the petitioner and uninfluenced by the observations of the Labour Court, Solapur and the Industrial Court, Solapur in Complaint (ULP) No.7 of 2009 and Revision Application No.28 of 2010. 4. The Writ Petition is dismissed with aforesaid directions.