Chief Executive Officer, Zilla Parishad, Nashik v. Shri. Vijay Uttamrao Chavan And ANR.

bsb 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1381 OF 2015 ALONG WITH CIVIL APPLICATION NO. 1117 OF 2015 Chief Executive Officer, Zilla Parishad, Nashik.

... Petitioner v/s Shri Vijay Uttamrao Chavan & anr.

... Respondents Mr.A.R.Kapadnis for the petitioner.

Mr.Shantanu Chandratre i/by C.Y.Chandratre for original Resp. No.1.

Mr.A.D.Kango, A.G.P. for the State - Resp. No.2 in petition and also in civil application.

CORAM: N.M. JAMDAR, J.

DATED : 17 NOVEMBER 2015 P.C.:

The civil application for early hearing is placed on board. However, by consent of parties, Writ Petition No.1381 of 2015 is taken up for final disposal.

Learned counsel for the parties submit that the writ petition be disposed of by the following order and no reasons be given in support thereof since the petition arises from an interim order and any observations on merits will affect the case of the parties in the

bsb 2 main proceedings.

Accordingly, the writ petition is disposed of by consent as under :

(i) The order passed on 31 December 2014 below Exh.U-2 in Complaint (ULP) No.139 of 2013 by the Industrial Court, Nashik, is quashed and set aside.

(ii) All contentions of the parties on merits are kept open and the Complaint will be decided on its own merits. (iii) Considering the fact that the Respondent No.1 is due to reach the age of superannuation on 31 May 2016, the Industrial Court will give priority to the disposal of the Complaint and make an endeavour to dispose of it before the date of superannuation as indicated above.

Learned counsel for the parties, on instructions, undertake to cooperate with the Industrial Court for early disposal of the Complaint.

The writ petition is disposed of in above terms. The civil application therefore does not survive and is disposed of.

bsb 3 Parties shall appear before the Industrial Court on 30 November 2015.

( N. M. JAMDAR, J. )