1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE LETTERS PATENT APPEAL NO.91 OF 2009 IN WRIT PETITION NO.6555 OF 2008 WITH CIVIL APPLICATION NO.103 OF 2009 M/s. AFL Private Limited .... Appellants Vs. Chandrakant B. Netkar & Ors. .... Respondents Shri Jayesh K. Desai i/b M/s. Desai & Desai Associates for the Appellants. None for the Respondent. CORAM: J.N. PATEL, ACTING C.J. & B.R. GAVAI, J. DATED: JANUARY 08, 2010 P.C: 1. It is the contention of the appellants that the respondent is avoiding service, though notice is issued to him. However, the learned counsel states that he is willing to argue the matter on merit. We have, therefore, taken up the appeal for hearing. 2. The appeal challenges the order dated 30-9-2008 passed by a learned single Judge of 2 this Court, thereby dismissing the writ petition and confirming the concurrent orders passed by the learned Labour Court and the learned Industrial Court. 3. The respondent-employee had approached the learned Labour Court with the grievance that the appellants were not permitting him to continue in the service. It was the case of the appellants-employer that the respondent- employee had resigned from the services. The case of the appellants-employer was disbelieved by the learned Labour Court holding that the alleged resignation letter was not genuine and, therefore, directed the reinstatement of the respondent-employee with continuity of service and back wages. The challenge to the findings of the learned Labour Court, in revision, was rejected by the learned Industrial Court. The learned single Judge while considering the merits in the writ petition, has neither found any illegality nor any infirmity in the orders passed by the learned Labour Court and the learned Industrial Court. We, therefore, do not find any error of law in the order passed by the learned single Judge confirming the concurrent findings of the both the Courts below. The appeal is without any merit and as 3 such is dismissed. 4. In view of dismissal of the appeal, the civil application does not survive and accordingly stands disposed of. ACTING C.J. B.R. GAVAI, J.