1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5819 OF 2011 Maharashtra State Seeds Corporation Ltd. .. Petitioner V/s Shri.Mahendra Sudam Wase .. Respondent Mr.H.G.Misar for the petitioner. CORAM: R.G.KETKAR, J. DATE: 14th September, 2011. P.C.: 1. The petitioner has challenged the judgment and order dated 18.03.2011 passed below Exhibit U-6 in Revision (ULP) No.54 of 2008 by the learned Member of the Industrial Court, Nashik. By that order, the Industrial Court directed the petitioner to deposit 40 months wages in the Court within one month from the date of receipt of that order. 2. Mr.Misar, learned counsel for the petitioner submits that the Respondent has filed complaint (ULP) No.260 of 1994 under section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short the Act), challenging his termination dated 07.07.1994 on the ground that it amounts to unfair labour practice covered under Item No.1 2 of Schedule IV of the Act. By the judgment and order dated 07.10.2008 the learned Presiding Officer of the Labour Court, Nashik, partly allowed the complaint and declared that the action of the petitioner herein in terminating the services of the Respondent amounts to an unfair labour practice under Item No.1 (a, b, d & f) of Schedule IV of the Act. The Labour Court refused the order of reinstatement but directed the petitioner to pay compensation to the Respondent equivalent to 40 months salary on the basis of last drawn salary. 3. Being aggrieved by this order, the Respondent preferred Revision Application (ULP) No.54 of 2008 as the labour Court declined to grant order of reinstatement. Similarly, the petitioner preferred Revision Application (ULP) No.10 of 2009 as the Labour Court directed them to pay compensation equivalent to 40 months salary on the basis of last drawn salary of the Respondent. Mr.Misar contended that the learned Member of the Industrial Court committed error in passing the impugned order whereby the petitioner is directed to deposit 40 months salary in the Court. He submitted that by the impugned order, the learned Member of the Industrial Court has virtually dismissed the revision application 3 preferred by the petitioner. He therefore submitted that the impugned order cannot be sustained and deserves to be set a side. 4. I have considered the submissions made by learned counsel for the petitioner. It is not in dispute that by the judgment and order dated 07.10.2008, the learned Presiding Officer of the Labour Court refused the relief of reinstatement to the Respondent and directed the petitioner herein to pay compensation to the Respondent equivalent to 40 months salary on the basis of last drawn salary. Against this order, the petitioner as also the Respondent have preferred revision applications under section 44 of the Act and the same are pending. During the pendency of the revision application (ULP) No.54 of 2008 preferred by the Respondent, application at Exh.U-6 was made by the Respondent for direction to the petitioner to deposit 40 months wages. As against the order of labour court directing the petitioner to pay that amount, the learned member of the Industrial Court directed the petitioner herein to deposit that amount in the Court. I therefore do not find that the learned Member of the Industrial Court committed any error in passing the impugned order. The submissions made by the learned counsel for the petitioner that 4 virtually it amounts to dismissal of revision application preferred by the petitioner, does not have any merit, inasmuch as the Court has not directed the petitioner to pay that amount to the Respondent, but merely directed the petitioner to deposit that amount in the Court. In view thereof, no error apparent on the face of the record is pointed out. It cannot be said that the impugned order suffers from any perversity. Hence, no interference is called for in exercise of powers under Articles 226 & 227 of the Constitution of India. Petition is dismissed. (R.G.KETKAR, J.)