1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3181 OF 2010 Lotus Cable India & anr. ... Petitioners v/s Ramesh Balkrishna Kelkar & anr. ... Respondents Mr. J.M. Patil for the Petitioners. None for the Respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 26TH JULY, 2010 P.C.: 1. The petitioners have filed the present Writ Petition contending that the respondent workmen were not their employees and, therefore, the Labour Court and the Industrial Court have committed an error by holding in favour of the workmen. 2. The Labour Court has, on the basis of the evidence on record, disbelieved the petitioners that the respondents are not their workmen. The Labour Court has relied on the 2 muster roll-cum-wage register produced by the workmen for the years 2001, 2002 and 2003 at Exh.,U-14. The Labour Court has not accepted the contention of the petitioners that the muster rolls were tampered by the respondents as there was no evidence on record to that effect. Moreover, the Labour Court noted the fact that a letter was issued by the petitioners signed by the petitioner No.2 to the Sales Tax authorities on 13.2.2004 requesting to the Sales Tax Officer to hand over the books of accounts to respondent No.2. This letter was on the letterhead of the Company and, therefore, the Labour Court has rightly, in my opinion, accepted the contention of the respondents that they are workmen with the petitioners. The Labour Court has held that their services were illegally terminated and has therefore granted relief of reinstatement with continuity of service and back wages from 26.10.2005. The Labour Court has also not accepted the contention of the petitioners that the establishment is closed in view of the evidence before it. 3. The revision application filed by the petitioners has been dismissed. 4. In my opinion, when there is a concurrent finding of fact recorded by both the Court below indicating that the 3 respondents were employed by the petitioners, I see no reason to interfere with the matter under Article 227 of the Constitution of India. 5. Writ petition rejected. ..... 4