1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9820 OF 2010 Shri Ramesh G. Gada & ors. ... Petitioners v/s Shri Ramavadh S. Sahani & anr. ... Respondents Mr.Vishal Talsania i/by M/s.Sanjay Udeshi & Co. for the petitioners. None present for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND DECEMBER, 2010 P.C.: 1. The petition has been filed to challenge the award in Reference (IDA) No.201 of 2003. The award has been passed on 27.8.2010 directing the petitioners to reinstate respondent No.1 in service with continuity with effect from 7.12.1999 and to pay him full wages. 2. The learned advocate appearing for the petitioners contends that the respondent had not brought any documentary evidence on record to establish that he was 2 working with the petitioners. He further submits that the pleadings and the evidence of respondent No.1 are inconsistent. 3. It is true that the respondent No.1 has not produced any documentary evidence. However, the petitioners’ witness has admitted in his cross-examination that no muster rolls or wage registers are maintained by the petitioners. He has also stated that the power-looms were given on rent to some third party. He was not able to produce either the rent receipts or any agreement to establish this fact. There is also no evidence on record to show that any appointment letters were issued by the petitioners. In these circumstances, in my opinion, the Labour Court has not committed any error in allowing the reference. 4. The submission that inconsistent grounds have been contended by the respondent No.1 also cannot be accepted since the workman has stated that he went on leave after which he was not permitted to join duties besides which he was denied his legal dues under the Minimum Wages Act. 5. No error has been committed by the Labour Court. 6. Writ petition rejected. ..... 3 4