/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2067 OF 1997 M/s.Executive Engineer Irrigation & Power Dept., Zilla Parishad, Thane (W) and Another ...Petitioners vs. Jay Prakash Shankar Navkudkar ---- None for Petitioners Ms.Saroj K. Shinde i/b Mr.A.S. Rao for Respondents CORAM: V.M. KANADE J. DATED JUNE 23, 2008 P.C. 1. Non-appears on behalf of the Petitioners. Heard the Learned Counsel appearing on behalf of the Respondents. It appears that neither the Petitioner nor his Counsel have remained present on last two days when the matter was called out. Petitioner has filed the Petition under Article 226 of the Constitution of India. The Petitioner is challenging the award passed by the Presiding Officer, IV Labour Court at Thane in Reference (IDA)191/91. 2. Brief facts in nutshell are as under: Reference is made by the Deputy Commissioner, Labour Court, Thane dated 20.8.1991 under section 19(i) (c) r/w. Section 12 (5) of the Industrial Disputes Act. It is the case of the Respondent workman that he was / 2 / working with the Petitioner herein since 26.6.1978 initially as daily wages basis and subsequently he was working as work charged employee and his last daily wages was Rs.30 per day and his designation was Pump Operator. It is the case of the Respondent Workman that he was in continuous service since 26.6.1978 till his services were terminated on 9.2.1986. It is his case that his services were orally terminated. In the Labour Court the Petitioner did not remain present and the Respondent examined himself. On the basis of the statement made by the workman that the Labour Court came to the conclusion that workman continuously worked for more than 240 days in the previous year and therefore, came to the conclusion that he was no compliance under the provisions of section 25-F of the Industrial Disputes Act and, therefore, directed that the workman should be re-instated with full back wages. 3. I have perused the impugned order dated 12.8.1996 passed by the IVth Labour Court, Thane. No case is made out by the Petitioner to interfere with the impugned award passed by the Labour Court. Writ Petition is accordingly dismissed. Interim order passed by this Court stands vacated. Under the circumstances, there shall be no order as to costs. / 3 / V.M. KANADE