1 K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIIT PETITION NO.648 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Saurabh Kulkarni for Petitioner. Mr. Nitin Kulkarni and Ms.Sangita Deo for Mr.P.D.Kalani for respondent. CORAM : K.K.TATED,J. DATE : 22/03/2011. PC: 1 Heard the learned counsel appearing on behalf of parties. 2 By this petition under Articles 226 and 227 of the Constitution of India, Petitioner is challenging the order dated 2nd August, 2010 passed by the Second Labour Court, Pune on preliminary issues holding that the Petitioner failed to prove the misconduct before Enquiry Officer as well as before the court. The learned counsel appearing on behalf of Petitioner 2 mainly challenges the order passed by the Second Labour Court on the ground that the court below failed to frame the issue about termination of respondent’s services on the ground of unhealthy condition. He submits that Petitioner obtained certificate from Sasoon General Hospital, Pune which specifically states that the respondent is suffering from Tuberculosis (TB), therefore, on the ground of Tuberculosis (TB) they terminated the respondent services. 3 I have gone through additional compilation filed by Petitioner and order passed by the Second Labour Court. The Labour Court considered the illness of respondent in para 6 of the impugned judgment. It is not necessary to frame any additional issues. 4 Considering these facts, I do not find any substance in the present Petition, therefore, the same is rejected. (K.K.TATED,J.)