wp1525.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.1525/2011 Prabhakar Mahadu Salve -vs- Divisional Controller, M.S.R.T.C.Buldhana ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Khan, learned counsel for the petitioner. Shri V.G.Wankhede, learned counsel for the respondent. CORAM : R. M. SAVANT, J. DATED : 09/08/2011. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 04/09/2007 passed by the Industrial Court, Akola, by which order the Revision Application filed by the respondent herein came to be allowed and the Revision Application filed by the petitioner came to be dismissed. The petitioner was dismissed by order dated 30th September, 1991, the petitioner filed Complaint ULP in the year 1994, which later on came to be transferred to the Labour Court at Buldhana and was numbered as Complaint ULP No.145/2000. The said Complaint ULP was decided by the Labour Court by judgment and order dated 03/02/2005 and the petitioner was directed to be reinstated with 50% back wages. wp1525.11.odt 2/3 Aggrieved by the said order dated 03/02/2005 passed by the Labour Court, Buldhana, the petitioner filed a Revision Application before the Industrial Court at Akola being Revision Application No.120/2005, aggrieved by the fact that back wages only to the extent of 50% were granted. The respondent Corporation also filed a Revision Application being No.84/2005, aggrieved by the fact that 50% back wages were granted to the petitioner. The said Revision Application filed by the respondent Corporation came to be allowed by the judgment and order of the Industrial Court dated 4th September 2007 whereas the Revision Application filed by the petitioner came to be dismissed. The Industrial Court, on the basis that the petitioner was charged of absence without permission, recorded a finding that the Labour Court had erred in granting 50% of the back wages. Heard the learned counsel for the parties. The learned counsel for the petitioner relied upon the judgment of the Apex Court reported in 2009 (121) FLR 381 in the matter of M/s. P.V.K. Distillery Ltd. -vs- Mahendra Ram, wherein the Apex Court has held that since the termination in question in the said case was without complying with the procedure, the grant of back wages was justified, as also the judgment of the Apex Court reported in 2004 LAB I.C. 1748 in the matter of Bhagwan Lal Arya v. Commissioner of Police, Delhi and another, wherein the Apex Court has held that in the light of the medical certificate produced, the absence wp1525.11.odt 3/3 on medical grounds could not be said to be a grave misconduct. In the conspectus of facts as narrated above, in my view, the said judgments would have no application. It is pertinent to note that the instant petition challenging the order passed by the Industrial Court on 4th September, 2007 has been filed on 07/02/2011. Hence, there is a delay of almost four years in filing the petition. In my view, no case for interdiction in the writ jurisdiction is made out. The Writ Petition is accordingly dismissed. JUDGE KHUNTE