1 wp614.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 614 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. J.R. Shah, Advocate for the petitioner. 1. Heard Advocate Mr. J.R. Shah for petitioner. The grievance is that Labour Court recast preliminary issue about the validity of departmental enquiry and transferred burden of proving it to be legal and valid upon the petitioner-employer and on same day delivered the impugned order. That order was then questioned in Revision no. 31/2008 before the Industrial Court and vide judgment dated 04.02.2009, the Industrial Court has upheld the order of Labour Court. 2. Mr. Shah points out that after 04.02.2009, the review was filed before the Industrial Court and the said review came to be dismissed on 07.09.2010. 3. Writ Petition has been filed before this Court on 10.12.2010. The Labour Court has found that 2 wp614.11 departmental enquiry itself had continued for a period of three years and seven months and bond, for not furnishing which enquiry was initiated against the respondent, was furnished on 26.03.1996. 4. Mr. Shah has pointed out that the departmental enquiry against the employee actually started on 18.03.1996 and before that employee had furnished the reply to charge sheet denying all the allegations. He therefore states that, furnishing of bond after starting of Departmental enquiry has no relevance in the matter. 5. As the preliminary issue only has been answered against the petitioner and because of judgment of the Hon'ble Apex Court reported at "AIR 1975 SC 1900" (The Cooper Engineering Ltd., V/s P.P. Mundhe) as followed by this Court in "2001(3) Bom.C.R. 193 (Maharashtra State Road Transport Corporation V/s Nanuram S/o Mohanlal Verma and another), I am not inclined to interfere in the matter at this stage. With liberty to raise all these contentions after the complaint is finally decided, the present Writ Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE. 04.02.2011 gas/wp614.11