:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1948 OF 2009 WRIT PETITION NO. 1948 OF 2009 WRIT PETITION NO. 1948 OF 2009 M/s. Jaya Engineering Works ..Petitioners versus Harimurat Jaiswal & Anr. ..Respondents Mr. R. V. Sankpal for the Petitioners. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 27TH FEBRUARY, 2009 DATE : 27TH FEBRUARY, 2009 DATE : 27TH FEBRUARY, 2009 P.C. P.C. P.C. . Heard the learned counsel for the petitioners. 2. The petitioners have challenged the Order dated 4.2.2006 passed by the 5th Labour Court, Mumbai, refusing to restore the Reference. In other words, the Labour Court has refused to set aside the Award passed against the petitioners. 3. The learned counsel for the petitioners submitted that the Labour Court has committed a serious error in holding that the petitioners were served with the summons of the proceedings. :2: However, a perusal of the finding shows that the Labour Court has declined to set aside the Award and restore the Reference because of the evidence regarding the services of the notice on the petitioners. In fact, the Labour Court had called for the original record and proceedings in IDA No. 353/1999 and came to the conclusion that the notices were issued on several occasions to the petitioners. Since all attempts to serve stood futile, the respondent No.1 eventually applied for substituted service and the Court proceeded to adjudicate the dispute after the Bailiff had pasted copy of the summons on the door of the petitioners company, which constituted an effective service. The Labour Court did not accept the evidence on behalf of the petitioners that the partner of the company or his son always remain during the working hours and therefore no summons was pasted. The Labour Court has not committed any perversity in arriving at this finding of fact. There is no merit in the petition, which is hereby dismissed. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)