1 W.P.No.2502.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2502 OF 2010 The Chairman, Satara Zilla Sahakari Kharedi Vikri Sangh Ltd. & anr. ... Petitioners v/s Mahadev Nanaso Zanzane ... Respondent Mr.Siddheshwar Kale i/by Mr.P.A.Pol for the petitioners Mr.Nitin Kulkarni for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 13TH SEPTEMBER, 2010 P.C.: 1. This writ petition has been filed against the decision of the Industrial Court, Satara, dated 30.9.2008, by which the Industrial Court has directed the petitioners to pay subsistence allowance to the respondent in accordance with Section 10-A of the Industrial Employment (Standing Orders) Act, 1946. 2 W.P.No.2502.10 2. The learned advocate for the petitioner contends that although the respondent workman had been suspended pending an enquiry, a resolution was passed by the petitioners to reinstate him in service. He points out that the respondent was informed by letters that his suspension had been revoked and that he should he should report for duty. According to him, the respondent failed to report for duty and, therefore, was not entitled to subsistence allowance. 3. There is a finding of fact recorded by the Labour Court that the letters on which the petitioner relied, have not been served on the respondent workman informing him that the suspension order passed against him had been revoked. 4. In these circumstances, in my opinion, the Industrial Court cannot be faulted for allowing the complaint and directing the petitioners to pay the subsistence allowance to the respondent. 5. Writ petition rejected. ..... 3 W.P.No.2502.10