1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Letters Patent Appeal No. 461 of 2009 IN Writ Petition No. 1532 of 2009 [pending] [Bhandara District Central Co-operative Bank Ltd. Vs. Member, Industrial Court, and another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.M. Ghare, Adv., for the appellant. Mr. D.P. Thakre, AGP for respondent no.1. ----- CORAM : A.H. JOSHI AND P.B. VARALE, JJ. DATE : 07th January, 2010. 1. This is an appeal by the employer. 2. Employee's complaint of Unfair Labour Practice was allowed by Labour Court granting a declaration of Unfair Labour Practice and ordering reinstatement with full back wages. 3. Heard. 4. The Judgment of Labour Court was confirmed in the Revisional Court to the extent of reinstatement, and order of back wages was modified by directing payment of 25 per cent of back wages. 5. The challenge before the Industrial 2 Court, at the behest of employer, was on the point that the order of appointment was such that it fell within the category of 'termination' carved out under Section 2 (oo) of the Industrial Disputes Act and, therefore, fell outside the term “retrenchment.” 6. Pertinently enough, in the course of submissions before this Court, the appellant was not able to demonstrate that the order of appointment was given for a fixed duration and hence the termination was not an act of retrenchment, but was an intimation of end of tenure of employment. 7. This failure leads to a conclusion that the Judgments of the Labour Court and Industrial Court are prima facie unassailable. 8. Be that as it may, the learned Single Judge was pleased to admit the petition for a scrutiny, and on obviously being satisfied that the employer has no case for interim relief, refused the same. 9. The appeal is, thus, ex facie without merit, does not deserve indulgence, and is dismissed. Judge Judge |Hedau| 3