W.P.NO.5298.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5298 OF 2010 M/s.Asra Marketing Pvt. Ltd. ... Petitioner v/s Mr.Prakash S. Israni ... Respondent Mr.Dilip N. Mandavia for the petitioner. Mr.N.M.Gangul for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 3RD AUGUST, 2010 P.C.: 1. The petitioner has challenged the order of the Labour Court dated 3.11.2009 passed under Section 33-C(2) of the Industrial Disputes Act. By this order,the Labour Court has directed the petitioner to pay an amount of Rs.25,846/- together with interest. 2. The learned advocate appearing for the petitioner states that the pleadings in the claim application are W.P.NO.5298.10 inconsistent as the workman has stated in some places that he was “terminated from service” and at another place he has stated that he had “resigned”. He submits therefore that the Labour Court, in its jurisdiction under Section 33-C(2) of the I.D. Act, could not have decided whether there was a resignation or a termination of service. 3. The Labour Court, in my opinion, has committed no error in deciding the application. The Labour Court under Section 33-C(2) of the I.D. Act has not considered whether the termination was illegal but has accepted the fact that services of the workman were terminated on account of the evidence on record. On this basis, the Labour Court has directed payment of the legal dues. In my opinion, the order of the Labour Court does not suffer from any infirmity. 4. Writ petition rejected. ..... W.P.NO.5298.10