1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR. WRIT PETITION NO. 1810 OF 2010 1]Bhandara District Milk Produce Cooperative Federation Limited, Bhandara, thr. Its Managing Director, At Post Bhandara. 2] President, Bhandara District Milk Produce Cooperative Federation Limited, Bhandara, thr. Its Managing Director, At Post Bhandara. PETITIONERS. VERSUS 1] Manohar Sitkura Upase, aged 53 yrs., Occu. Service., R/o Taleshwar Ward, Pauni, Tah. Pauni, Distt. Bhandara. 2] Hon’ble Member, Industrial Court, Bhandara. RESPONDENTS. Shri. A. R. Patil, Counsel for the petitioners. Shri. S. K. Tambde, Counsel for the respondent-1. Shri A. W. Joshi AGP for respondent no.2. 2 CORAM: B. P. DHARMADHIKARI J. Date: 8th SEPTEMBER 2010. ORAL JUDGMENT: Heard Shri Patil learned counsel for the petitioners, Shri Tambde learned counsel for respondent no.1 and Shri A. W. Joshi learned AGP for respondent no.2. 2] Member Industrial Court has by impugned judgment dated 29th January 2010 found that reversion of respondent no.1 from the post of Milk Procurement Supervisor as Peon constituted unfair labour practice under Clause 9 of Schedule IV of Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act. Petitioners contend that as per Service Rules the basic qualifications for that post is Matriculate while respondent no.1 was only 7th Standard pass. The Industrial Court has found that so called Service Rules have come into force on 27th March 1997 and respondent no.1 was promoted prior to that w.e.f. 1st July 1991. 3] Second contention of petitioner is the promotion of 3 respondent no.1 was not effected by Society at all as there is no Resolution and his brother, then working as the Managing Director has managed the promotion. Learned Member of Industrial Court has perused the evidence of witness Tichkule and found that there was no such material on record. Even before this Court except for raising such grievance no material has been produced. 4] The findings recorded by Industrial Court are thus findings of facts and as the same are not perverse no interference is called for. Writ Petition is rejected. No costs. JUDGE svk 4