IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 286 OF 2008 NO. 286 OF 2008 NO. 286 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 438 OF 2005 PETITION NO. 438 OF 2005 PETITION NO. 438 OF 2005 Association of Engineering Workers ] .. Appellant (Org.Petitioner) Versus Airworks India Engineering Pvt. Ltd. ] .. Respondent (Org.Respondent) Mr. N.M. Ganguli for the appellant. Ms. Rita Joshi i/b A.D. Shetty for the respondent. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 27TH AUGUST, 2008 P.C. : 1. Heard counsel for the parties. Perused the record and the order passed by the learned single Judge. 2. It is an admitted position on record that from 20th July, 1981 to 10th February, 1989, the union has declared a strike and the employees were on strike. During the strike period, enquiry was conducted and letters were issued to the union and those letters were received by the union. The documents to that effect are on record as stated by the learned single Judge. The workers were aware of the enquiry but they chose not to : 2 : participate in the enquiry. The strike was illegal and, therefore, as a consequence they have been abandoned from service. 3. We find no fault with the order of the learned single Judge so as to admit the appeal. Appeal is dismissed. 4. The office is directed to send back the R & P to the Industrial Court. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]