LPA 166/10 in WP 799/96 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.166/2010 IN WRIT PETITION NO.799/1996 WITH CIVIL APPLICATION NO.1010/2010 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri Umakant K. Patil, Advocate for appellant. CORAM: D.B. BHOSALE & R.M. BORDE, JJ. Date: 13.01.2011 Heard learned counsel for the appellant. This appeal is directed against the judgment and order dated 29.6.2009 passed by the learned Single Judge in Writ Petition No.799/1996 whereby the petition filed by the appellant challenging the judgment and order dated 11.8.1995 rendered by the Labour Court, Aurangabad, in Reference (IDA) No. 105/1993 has been dismissed. LPA 166/10 in WP 799/96 2 We have heard the learned counsel for the appellant. He submits that the appellant has been dismissed without conducting proper inquiry. We have perused the judgment of the learned Single Judge. In para 21 of the judgment, the learned Single Judge, after considering over-all facts and circumstances of the case and the material placed on record, has observed that the domestic inquiry was conducted properly and the principles of natural justice were also followed. It is further observed that opportunity was given to the appellant to pay defalcation amount, which he did not avail. In para 14 of the judgment, it is observed that the appellant has accepted the amount of Rs. 23,400/- towards the lump-sum compensation in pursuance of the award dated 11.8.1995 passed by the Labour Court without reserving his right to challenge the said award. Keeping this all in view and for the reasons recorded in the impugned judgment, LPA 166/10 in WP 799/96 3 we do not find any merit in the Letters Patent Appeal. Hence, the appeal is dismissed. (R.M. Borde, J.) (D.B. Bhosale, J.) Dt/- 13.01.2011 ndk/c131114