1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5077 OF 2008 (Shri Prakash Motiram Jibhakate vs. Nagpur District Central Cooperative Bank Ltd., Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 03, 2008. Heard Shri Jibhkate, learned counsel for the petitioner. It is apparent, after hearing learned counsel, that the petitioner did not apply in response to any advertisement for employment with the Bank. During the arguments, it was disclosed that he submitted application and was given employment. The Labour Court granted relief of back wages to the petitioner by partly allowing his complaint. The Industrial Court found that there was no pleading of any gainful employment and actually, the petitioner did not disclose his employment with the District Court at Nagpur, which he got subsequently. In these circumstances, it found him not entitled to back wages also. The observations of learned Member of Industrial Court that there was no plea of gainful employment and that there was no case made out of 2 unfair Labour practice are not shown to be perverse. It is settled in view of judgment of the Hon'ble Apex Court in the case of U.P. State Brassware Corporation Ltd. vs. Uday Narain Pandey , reported at (2006) 1 SCC 479 and in the case of Haryana State Electronic Development Corporation Limited vs. Mamni, reported at (2006) 9 SCC 434, that the burden to raise necessary pleas is upon the petitioner. Petitioner's reliance upon the judgment of the Hon'ble Apex Court in the case of J.K. Synthetics Ltd. vs. K.P. Agrawal, reported at (2007) 2 SCC 433, is misconceived because there the employee had right to post and was punished after departmental enquiry. The observations of the Hon'ble Apex Court, therefore, show that the entitlement to back wages was considered in the background of these facts. I am, therefore, not inclined to interfere in writ jurisdiction. Writ petition is dismissed. No order as to costs. JUDGE *GS.