1 nms664-06.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.664 of 2006 . in Suit No. 586 of 2008 Gopesh V. Arora .. Plaintiff v/s. Wipro B.P.O. Ltd. ..Defendants Ms.Veena Gautam i/b. M/s. Pandey & Company for the Plaintiff in support of notice of motion. Mr.N.Y.Gupte for the Defendants CORAM : R.Y.GANOO, J. DATED : 9th September , 2010 P.C. : 1. Heard learned Counsels on both sides. Plaintiff has filed present suit for declaration that the act on the part of the defendants in not allowing the plaintiff to join the duties is illegal. Mandatory order is asked in terms of prayer clause (b) as regards reinstatement of the plaintiff with backwages. The plaintiff is asking for sum of Rs. 4,40,000/- for the period of January 2005 till institution of the suit. By prayer clause (d) the order of injunction is sought restraining the defendants from preventing or obstructing the plaintiff from joining 2 nms664-06.sxw the service. 2. This motion is taken out by the plaintiff keeping in view the prayers in the suit and prayers in the motion are practically the same as that of the suit. Parties have completed pleadings. 3. Since plaintiff is not a workman he is not entitled to relief of reinstatement in terms of prayer clause (a) of the motion. Since plaintiff’s case that he has been wrongfully removed is not proved, he can’t get relief in terms of prayer clause (b) of the motion which relates to payment towards salary. Relief in terms of prayer (c) is in the nature of injunction. Since plaintiff is yet to get relief of reinstatement he cannot join the service. In substance, no prima facie case is made out to grant reliefs in the motion and the motion is required to be dismissed. 4. In view of the above, the following order is passed so as to dispose of the notice of motion. ORDER Notice of Motion is dismissed with no order as to costs. [R.Y.GANOO, J.]