1 S.B. CIVIL WRIT PETITION NO.3879/2007 Prem Nath. vs. Manager, Spinfed Spinning Unit, Gulabpura and anr. Date : 24.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.DK Parihar, for the petitioner. - - - - - Heard learned counsel for the petitioner. It appears from the impugned award that the allegation against the petitioner employee is of not only using of abusive language but a clear allegation of manhandling and beating and that fact has been proved by evidence and in view of the above, the learned Labour Court has decided the issue against the petitioner. However, learned counsel for the petitioner vehemently submitted that it is the normally practice of present employer of levelling these type of allegations of manhandling for the purpose of removing unwanted employees which they think are unwanted for them. 2 From isolated cases, an inference cannot be drawn against the employer that it is in habit of levelling such type of allegations whereas there is direct positive evidence available on record about the misconduct of employee and where the employee himself admitted part of incident that the person who is victim fell down and his explanation has not been accepted about how he fell down. In view of the above, I do not find any merit in the writ petition and hence, the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya