1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7785/2009 The Grampanchayat Neknoor Through its Sarpanch Salim Pasha S/o Khaja Pasha Age 35 years, Occ.Business at Present Sarpanch of the grampanchayat Neknoor, Tq. & Dist.Beed. .. PETITIONER [ORIG.FIRST PARTY] VERSUS Sayyad Khaja S/o Sayyad Raza Ali Age Major, Occ.Nil R/o Neknoor, Tq. & Dist.Beed. .. RESPONDENT [ORIG.SECOND PARTY] .... Shri S.S.Thombre,Adv.for petitioner. Shri S.J.Gaike,Adv.for Respondent. ... CORAM : R.K.DESHPANDE,J. DATE : 19/7/2010. 2 ORAL JUDGMENT: 1] This Writ Petition challenges the order dated 30/4/2007 passed in Reference (IDA) No.44/1999 by the Labour Court at Aurangabad, which has been answered in favour of the respondent-employee by setting aside termination dated 1/4/1998. 2] Notice in this matter was issued on 24/11/2009. Shri Gaike, the learned counsel appeared for respondent. The learned counsels for the parties agree that the matter can be finally disposed of at the stage of admission. Hence Rule. Rule made returnable forthwith. Petition is heard finally by consent of learned counsels for the parties. 3] Though the Labour Court has recorded a finding that the respondent-employee was working continuously from 1983 as Pump Operator till 1/4/1998, there is no finding recorded that the respondent has completed 240 days continuous service preceding the date of his termination. In the absence of any such finding, the order of the Labour Court cannot be sustained. The same is therefore, liable to be quashed and set aside. 4] In the result, the instant Writ Petition succeeds. The order dated 30/4/2007 passed in Reference (IDA) No.44/1999 3 by the Labour Court at Aurangabad is hereby quashed and set aside. The matter is remanded back to the Labour Court, Aurangabad, for considering it afresh, after affording the parties an opportunity of being heard in the matter. Rule is made absolute in the above terms. No order as to costs. [R. K. DESHPANDE, J.] umg/wp7785-09