1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5418/2009. ( Hamidkha Abdullakha Pathan .-: versus :- M.S.R.T.C.and another) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 15, 2009. Heard Shri C.V. Jagdale, learned counsel for petitioner and Shri V.G. Wankhede, learned counsel for respondents. Labour Court has dismissed application for grant of interim relief on 22.05.2008 by refusing stay to show cause notice issued to petitioner on 26.12.2007. That refusal was assailed by petitioner by filing a Revision ULPN No. 34/2008 before the Industrial Court and vide judgment dated 09.11.2009 that revision has been dismissed. Learned counsel for petitioner contends that, evidence on record shows that there was no theft at all. He points out that the driver of the truck Shri Sk. Farid has accepted that Automizers sets alleged to be stolen were handed over to him by the complainant when truck was going back to Umarkhed. With the assistance of learned counsel for the parties, I have perused the records. It also appears that there 2 was a gate pass vide outward No.798 issued on that date in relation to these Automizers sets. However, the Industrial Court has relied upon the statement of Chief Guard at the gate, who stated that he learnt about the theft at about 1.00 in the afternoon and at about 1.45 when he checked the petitioner, he found that 6 sets packed in some mobile container, Classic 231. He therefore, produced the petitioner before the Mechanical Engineer, as petitioner was not having any voucher or gate pass in relation to those sets. It is therefore, apparent that prima facie there is some material against the petitioner. At this stage, when challenge is only to show cause notice, it is not necessary for this Court or for the lower Court to delve more into the controversy. The petitioner can take appropriate defences in his reply to the second show cause notice. No interference is thus warranted at this stage. Writ Petition is dismissed. No cost. JUDGE Rgd.