1 wp2669.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2669 OF 2011 WITH WRIT PETITION NO. 2672 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. B.B. Yenge, Advocate for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATE : 7TH APRIL, 2011 In these two matters, the only contention of the Advocate Mr. Yenge is that the judgment of the Hon'ble Apex Court reported at "A.I.R. 1973 S.C. 1227" ( The Workmen of M/s Firestone Tyre and Rubber Co. of India (Pvt.) Ltds., V/s the Management and others) not been considered. However, learned Counsel for petitioner fairly states that in written statement there was no leave reserved to prove misconduct. It is apparent that in the light of the judgment of Constitution Bench of the Hon'ble Apex Court reported at "AIR 2001 S.C. 2090" (Karnataka State Road Transport Corporation V/s Smt. Lakshmidevamma and another), the view 2 wp2669.11 taken by both the Courts below in this situation can not be labeled as either erroneous or perverse. Advocate Mr. Yenge for petitioner has relied upon the judgment dated 3rd March, 2011 delivered by me in Writ Petition no. 9173 of 2010. There, the employee was in the Petition before this Court and he consented to extend opportunity to his employer to prove misconduct before the Labour Court. The judgment therefore is not applicable here. As no other ground is raised in the Petition, I am not inclined to interfere. Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp2669.11