M/S Ceinsys Tech Ltd. Nagpur ... vs Vikram S/O Gowardhanji Lokhande
2021 Latest Caselaw 15045 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                                        WRIT PETITION NO.3786/2020

M/s Ceinsys Tech. Ltd. (formerly known as ADCC Infocad Ltd.) Nagpur through
             its Director Finance & CFO Mr. Dinesh Kumar Singh
                                  ...Versus...
                      Vikram s/o Gowardhanji Lokhande

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                           Ms Aarti Singh, Advocate h/f Shri P.D. Meghe, Advocate for petitioner


                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 14/10/2021

1. Heard learned Counsel for the petitioner, who submits, that when the transfer order was issued to the respondent on 1/12/2015, transferring him from Nagpur to Khamgaon, the respondent joined on transfer, worked till 24/12/2015 at Khamgaon and thereafter did not report for duty at all. On a suspicion that the services of the respondent were orally terminated, the learned Labour Court has, by the impugned judgment dated 31/8/2019, directed reinstatement with continuity of service and 25% back wages, which according to her, is not sustainable in the facts of the present case, for the reason that there was no termination at all, on the contrary, the respondent has

1410wp3786 of 2020.odt

voluntarily left employment from 25/12/2015 onwards, as he did not report for duty at all.

2. Issue notice to the respondent, returnable in two weeks. The petitioner to serve the respondent by all modes, permissible in law.

3. By way of an interim order, the directions contained in the impugned judgment regarding reinstatement are stayed. The back wages, as directed by the learned Labour Court, shall be deposited in this Court within a period of two weeks from today.

(AVINASH G. GHAROTE, J.)

Wadkar