1 W.P.No.4204.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4204 OF 2010 The Chairman, Satara Zilla Sahakari Kharedi Vikri Sangh Ltd. & anr. ... Petitioners v/s Shri Shivaji Anandrao Mohite ... Respondent Mr.Siddheshwar Kale i/by Mr.P.A.Pol for the petitioners. Mr.Vishwanath Talkule for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 13TH SEPTEMBER, 2010 P.C.: 1. The orders impugned in the present petition is passed by the Labour Court on 3.10.2006 and by the Industrial Court in revision on 25.7.2008. The petition has been filed after one year of the impugned order being passed in revision. This by itself would be sufficient reason to dismiss the petition as there is no explanation at all for the delay in preferring the writ petition. 2. Apart from this, on merits, in my opinion, the Labour Court has not committed any error in allowing the complaint. 2 W.P.No.4204.10 It has found that the petitioner has committed unfair labour practices under Items 1(a), (b), (d), (f) and (g) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Industrial Court had, by its earlier order, held that the enquiry conducted against the respondent was not fair and proper and, therefore, the findings of the enquiry officer were perverse. That order has not been challenged in the present petition. Evidence was led by the petitioners before the Labour Court. The Labour Court, after considering the evidence on record, has concluded that there is no material on record to accept the contention of the petitioners that the respondent was involved in any act of misconduct, much less an act of misappropriation. 3. In these circumstances, when the Labour Court was of the view that the evidence on record has not been proved, the Industrial Court has rightly not interfered with the impugned order. In my opinion, there is no need to reverse the findings of fact recorded by both the Courts below. These findings have been arrived at on consideration of the evidence led before the Labour Court. 4. Writ petition rejected. ..... 3 W.P.No.4204.10 4 W.P.No.4204.10