1 W.P.1790.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO. 1790 OF 2010 Atmaram Trimbak Chavale ... PETITIONER V E R S U S Sow Gitadevi W/o Kamlesh Agrawal ... RESPONDENT ... Mr.M.P.Gude ,Advocate for Petitioner ... CORAM : V.R.KINGAONKAR, J. DATE : 28TH APRIL, 2010. PER COURT : 1] Heard Counsel. 2] The petitioner challenges the judgment and order dated 19th April, 2010 rendered by the Labour Court, Latur in Application I. D. A. No. 18 of 2003. According to the petitioner, he was employed as gardener by the respondent. It was agreed between them that he would get monthly salary of Rs.3000/- and the amount will be retained by employer for the purpose of utilization thereof to purchase a plot in his name. He asserted that he was employed since 25.12.1999 and worked till 14.08.2003. 3] The respondent denied entire case, which was pleaded by the petitioner. The petitioner never issued any demand notice. It appears that he had filed complaint- application at Police Station, which indicated that he was 2 W.P.1790.10 residing in the garden of the respondent. The Labour Court noticed that if petitioner was removed from service on 14.8.2003, then he had no reason to keep silence and could have immediately issued a notice of demand. Considering the conduct of the petitioner and absence of any scintilla of evidence, the Labour Court dismissed the application. No substantial reason appears to exist to infer prima facie case infavour of the petitioner. The petition involves disputed questions of facts. Hence, the Petition is dismissed. Sd/- ( V.R.KINGAONKAR ) JUDGE MTK