lpa352.11.odt 1 Judgment IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO.352 OF 2011 IN WRIT PETITION NO.5749 OF 2010(D). 1. Mehfil Inn Pvt. Ltd., Camp Road, Amravati, through its Director Shri Pravin B. Mundhada. 2. Pravin Brijmohan Mundhada, Aged about Major, Occu.: Business, 3. Smt. Annapurna Arun Balkrishna, Aged about Major, Occu.: Business, 4. Brijmohan Hemrajji Mundhada, Aged about : Major, Occu.: Business, All R/o. C/o. Mehfil Hotel, Camp Road, Amravati, Tah. & Distt. Amravati. ....PETITIONER. // VERSUS // 1. Additional Commissioner of Labour, Bhonsla Chambers, Civil Lines, Nagpur. 2. Smt. Kantabai Wd/o. Babarao Mondhe, Aged about 57 years, Occu.: Nil, R/o. Bhim Nagar, Amravati, Tah. & Distt. Amravati. ....RESPONDENTS. ------------------------------------------------------------------------------------------------------- Mr.R.D.Wakode, Advocate for Appellants. Mr.D.P.Thakre, A.G.P. for Respondent No.1. Mr. S.T.Harkare, Advocate for Respondent No.2. ------------------------------------------------------------------------------------------------------- CORAM: S.A.BOBDE AND M.N. GILANI, JJ. DATED : OCTOBER 12, 2011. lpa352.11.odt 2 Judgment ORAL JUDGMENT ( Per : S.A.Bobde, J.) 1. Heard. ADMIT. Taken up for final disposal by consent. 2. The main contention of the learned counsel for the appellants is that since the question whether the respondent No.2 is an employee of the appellant has not been specifically referred in the schedule and therefore, the Labour Court will not enter into this dispute. 3. We find that the learned single Judge has considered this question and has observed that the question whether the employer-employee relationship exists is fundamental to the question whether the termination has been validly effected or not. The learned single Judge has, therefore, held that the question of relationship is implicit, we see no reason to differ from the view of the learned single Judge. There is no reason to entertain the appeal. The appeal stands dismissed. JUDGE JUDGE RR..