Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.8454 of 2006 Maharashtra Engineering and General Kamgar Sanghatana ..Petitioner V/s. M/s. Suyog Rubber India Pvt.Ltd. & Ors. ..Respondents Mr.I.R.Kulkarni for the Petitioner Mr.Rahul Nerlekar for the Respondents CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 16th January, 2008 : 16th January, 2008 : 16th January, 2008 P.C. . Heard Mr. Kulkarni. The reasoning set out in the Judgement and order passed by the Industrial Court on 13-9-2005 dismissing the Complaint(ULP)No. 67/2003 does not call for any interference under Article 227 of the Constitution. 2. Initially, complaint was filed on the premises that the establishment employing less than 50 workmen, has no power to lay off and if such an action was taken, the workmen would be entitled for 100% wages. By its own choice, the Complainant union amended the complaint and prayed for 50% of wages by way of lay off allowance. On the basis of evidence adduced before it in the form of 2 oral evidence as well as documentary evidence, the Industrial Court has noted that all the workmen under lay off were paid 50% of the wages by way of compensation and,therefore, the complaint came to be dismissed. 3. The Writ Petition, therefore, fails at the threshold and the same is hereby rejected summarily. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]