1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10516 OF 2009 Hemant Kumar B. Vyas ....Petitioner V/s. Smt.Shivin Benum F. Nagamia & Anr. ....Respondents Mr.Ajay Panicker for the Petitioner. Mr.A.N. Maniyar for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATE : 4TH JANUARY, 2010. P.C. :- 1. The impugned order warrants no interference. The Petition is filed by a former Managing Director challenging the impugned order on various grounds. The Petitioner claims to be entitled to file the Petition on the basis that he is an aggrieved party. In the proceedings before the Company Court, the Petitioner had undertaken to discharge the liabilities of the workers in view of the fact that he had purchased some of the assets of the company. I proceed therefore, on the basis that the Petitioner is entitled to maintain the Writ Petition. 2. The impugned order has awarded an amount of Rs. 4,97,945=10 ps. towards the legal dues of the Respondent, a former employee of the company in liquidation. Respondent No.2 is the Official Liquidator of the company. 2 3. The Labour Court has rightly computed the legal dues on the basis that the Respondent was entitled to a sum of Rs.3287/- per month on account of deeming fiction of his employment by virtue of the orders of the Court declaring his termination to be illegal. Those orders have attained finality. 4. It is contended that the Labour Court has however wrongly computed the amounts for the period from 15.3.1994 to 3.12.1998 in view of the fact that the company had ceased to carry on business from 15.3.1994. The Petitioner however had not appeared before the Labour Court. The Official Liquidator appeared before the Labour Court. The point however was not raised. I am not inclined to permit the point to be raised for the first time in this Writ Petition. 5. The gratuity has also been computed on the admitted basis. No adjudication in respect thereof was required. 6. In the circumstances, the Writ Petition is dismissed.