1 ca49.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 49 OF 2011 IN WRIT PETITION NO. 411 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. Monish Nilwant holding for Mr. S. B. Talekar, advocate for the applicant. 1. Heard Advocate Mr. Monish Nilwant holding for Advocate Mr. Talekar for applicant. Contention is copy of resolution dated 31.12.2008 passed by Market Committee as also the resolution no.1 dated 20.10.2008 were not looked into by the Labour Court or Industrial Court or by this Court. 2. The resolution dated 20.10.2008 dismissing the petitioner from service was not placed on record of Labour Court. 3. This Court has while dismissing the Writ Petition found that departmental enquiry on the basis of which 2 ca49.11 that dismissal was ordered, was found to be unfair, hence the employer was permitted to lead evidence to prove misconduct and accordingly after appreciation of that evidence misconduct was found to be duly established by Labour Court. This finding of Labour Court is upheld by Industrial Court. It is apparent that all the resolutions passed by employer in favour of the petitioner and against it, are totally irrelevant. No case is made out, application is rejected. (B.P. DHARMADHIKARI) JUDGE. 21.03.2011 gas/ca49.11