1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR L.P.A. NO.183/2011 IN W.P.5173/2005 GULAB CHAMLOT ..VS.. VIDARBHA COOP MARKETING SO LTD NAGPUR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D.Chopde adv for appellant Shri S.S.Ghate, adv for respondent CORAM : SMT. VASANTI A. NAIK & P.B. VARALE, JJ. DATE : JUNE 30, 2011. Heard Shri Chopde for the appellant and Shri Ghate for the respondent. It was rightly observed by the learned Single Judge by the order dated 29.7.2010 that since the charge against the petitioner was of misappropriation and defalcation of the amount and the appellant admitted his misconduct, the Labour Court ought not have granted any relief to the appellant in respect of back-wages. The learned Single Judge, hence in the facts and circumstances held that the Industrial Court was not justified in denying the interim relief to the respondents and it was necessary to stay the order passed by the Labour court directing the respondent to deposit 100% back wages. The learned Single Judge in the facts and 2 circumstances of the case held that the appellant was prima facie found to be not entitled for grant of back wages and it was therefore, necessary to stay the order of the Labour Court during the pendency of the revision before the Industrial Court. The judgment in appeal dated 29.7.2010 appears to be just and proper. In the result the letters patent appeal is dismissed with no order as to costs. JUDGE JUDGE SMP