1 lpa158.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 158 OF 2011 WITH CIVIL APPLICATION NO. 4718 OF 2011 IN WRIT PETITION NO.614 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 27st June, 2011 Shri P.V. Barde, Advocate, holding for Shri J.R. Shah, Advocate for the appellants. ------ 1. The appellants have approached this court against the order passed by the learned Single Judge on 4.2.2011, dismissing the writ petition filed by the appellants, in limine. 2. The contention of Mr. Barde, the learned Advocate appearing for the appellants, is that the 2 lpa158.11 preliminary issue framed by the Labour Court was recast by the Labour Court on the date it delivered the impugned judgment. According to him, when initial burden was cast on the workman as per the issue originally framed, the appellants were not required to step into the witness box, since the workman had failed to discharge the same. 3. In our opinion, there is no need to interfere in the order impugned. Undoubtedly, the workman stepped into the witness box and stated on oath that the enquiry held against him was not fair and proper. The appellants failed to lead any oral evidence in rebuttal. They did not prove the enquiry, nor any documents which were on record. 4. In the circumstances, in our opinion, the Labour Court, the Industrial Court and the learned Single Judge, have not committed any error, by 3 lpa158.11 answering the preliminary issue against the appellants and in directing them to prove the misconduct of the workman, in court. 5. Appeal is, therefore, dismissed. Consequently, civil application also stands dismissed. (M.T. JOSHI, J.) (NISHITA MHATRE, J.) pnd/lpa158.11