1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION LETTERS PATENT APPEAL NO. 308 OF 2009 IN WRIT PETITION NO. 6102 OF 2009 M/s. Cambata Aviation Pvt. Ltd. ... Appellant. V/s. Vijay Maruti Nadar & Ors. ... Respondents. Mr. Kiran Bapat a/w. Jayesh K. Desai i/b. Desai & Desai Associates for the Appellant. Mr. Vinod Shetty for Respondent 1. CORAM : ANIL R. DAVE, C.J. & S.C. DHARMADHIKARI, J. DATED : 23rd MARCH, 2010. P.C. :- Being aggrieved by an order dated 12th November 2009 passed in Writ Petition No.6102 of 2009, this Appeal has been filed. 2. The Appellant employer had terminated service of the Respondent – workman and, therefore, being aggrieved by the order of termination, the Respondent – workman had approached 2 the Labour Court, which was pleased to set aside the order of termination and the said award of the Labour Court was confirmed by the Industrial Court. 3. Being aggrieved by the Judgment and Award of the Industrial Court dated 5th March 2009, confirming the award of the Labour Court, the present Appellant had filed the aforesaid Writ Petition which has been rejected. 4. We have heard the learned Advocate appearing for the Appellant. It has been submitted by him that the Labour Court did not properly appreciate the evidence adduced before it. It has been submitted that the Labour Court ought to have appreciated the fact that eye witness Mr. Joshi was assaulted by the Respondent – Workman and, therefore, he did not offer himself for further examination. Therefore, it has been submitted that the case should be remitted to the Labour Court after setting aside the judgment and awards of the Courts below. 5. Upon hearing the learned Advocates and looking to the fact that the concurrent findings have been arrived at by the 3 Courts below and that the learned Judge has also rejected the Petition, in our opinion, this is not a case where the evidence should be re-appreciated as suggested by the learned Advocate for the Appellant. 6. In the circumstances, the Appeal is dismissed with no order as to costs. CHIEF JUSTICE S.C. DHARMADHIKARI, J.