1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3732 of 2009 (State of Maharashtra, through its Sub-Divisional Officer, and another v. Gajanan s/o Vasant Shende) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.B. Ahirkar, AGP for Petitioners. Coram : R.C. Chavan, J. Dated : 23 rd September, 2009 This petition by the employer takes exception to the concurrent findings of the learned Judge, Labour Court, and the learned Member, Industrial Court, Nagpur, holding that the petitioners were not justified in throwing away the respondent when the petitioners had retained three of respondent’s juniors. The learned AGP for the petitioners submits that the three juniors of the respondent were retained, because their services had already been regularized. Thus the petitioners seem to justify one sin on the basis of an earlier sin committed in not regularizing the respondent and instead regularizing his juniors. The evidence of the petitioners’ 2 witnesses – Hemant Khorgade and Ashok Jadhav – is on record. It shows that the seniority list did not contain the name of the respondent at all, though the witnesses admit that the respondent was working as casual labourers since 7-8-1986. It also appears from the evidence of these witnesses that the work had not come to an end and the work was available with the petitioners. Therefore, there was absolutely no warrant for throwing out the respondent while retaining his juniors. No fault can be found with the judgments of the Courts below. The petition is, therefore, dismissed. Judge. pdl