1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3253 OF 2008. Rangrao Sadhuji Shendre Vs. District Forest Officer Wardha -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Shri M. R. Rajgure Adv. for petitioner. Shri Deopujari AGP for respondent. CORAM: C. L. PANGARKAR, J. DATED : JULY 25, 2008 Heard. This writ petition is preferred against the order passed by the Industrial Court whereby revision preferred under Section 44 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act has been allowed. Petitioner had filed complaint under M. R. T. U. & P. U. L. P. Act before the Laour Court alleging that they were serving with the respondent for a period of more than 240 days and, therefore, they should be deemed to have been confirmed in the service. The learned Judge of the Labour Court allowed the complaint and held that the respondent has engaged itself in unfair labour practice and directed reinstatement of the petitioner. Being aggrieved by that order resondent preferred revision before the 2 Industrial Court. Industrial Court allowed the revision on the ground that the petitioner was engaged under Employment Guarantee Scheme and therefore was not entitled to be confirmed. Learned Judge of the Indsutrial Court mainly relied on the decision rendered by this Court in Writ Petition No. 703 of 1997 Zilla Parishad Ahmednagar through its Chief Executive Officer Vs. Namdeo Natha Pawar etc. at Aurangabad. Learned counsel for the petitioner contended that this was a manipulation on the part of the government employees and infact the petitioners were in service of the respondent alone and not under Employment Guarantee Scheme. The contention carried no substance because of the fact that petitioners himself has produced a certificate showing that he was working under Employees Guarantee Scheme. Learned Judge of the Industrial Court has relied on this certificate and the decision rendered in Zilla Parishad Ahmednagar case. Learned counsel for the petitioner could not show me any other decision taking a different view. In view of this there is not substance in the Writ Petition. It is dismissed. JUDGE svk 3 J