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Bombay High CourtWP/2902/2019disposed off

Bhausaheb Yesu Bhangare v. Mah. State Road Transport Corporation Through Div. Traffic Superintendent Thane Div.

2024-01-25Hon'Ble Shri Justice Sandeep V. Marne2 pages

kishor 1/2 5 WP 2902 of 2019 (C) .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2902 OF 2019 Bhausaheb Yesu Bhangare

...Petitioner

Versus

Mah. State Road Transport Corporation

...Respondent(s)

....

Ms. Divya Wadekar, i/b. Mr. Vaibhav Jagdale, for Petitioner. Mr. Amit Ashok Ghavte, for Respondent.

....

CORAM : SANDEEP V. MARNE, J.

DATED : 25 JANUARY 2024.

P.C. :

Challenge in the present petition is to the Order dated 12 February 2014 passed by the Labour Court refusing to grant interim order in favour of the Petitioner in Complaint (ULP) No.20 of 2011, which is instituted challenging the Show Cause Notice issued by the RespondentCorporation for imposing punishment after completion of enquiry. 2.

The Order of the Labour Court was unsuccessfully tested before the Industrial Court, which has rejected the Revision on 08 January 2019. 3.

During pendency of the present petition, Complaint (ULP) No.20 of 2011 has been decided by the Judgment and Order dated 06 September 2023 and the Labour Court has dismissed the same. In that view

kishor 2/2 5 WP 2902 of 2019 (C) .doc of the matter, the Petitioner will have to take necessary steps in respect of Judgment and Order dated 06 September 2023. Nothing would survive in the present petition.

4.

Learned counsel appearing for Petitioner would invite my attention to the Order dated 06 March 2019 passed in the present petition whereby this Court has continued the ad-interim Order which, according to learned counsel, continues to operate till date. In my view, employer must be permitted to take disciplinary proceedings to their logical end by passing Order of penalty. Therefore interim order granted during pendency of the present petition cannot be continued. Writ Petition is disposed of as infructuous leaving open all contentions on merits. SANDEEP V. MARNE, J.

by KISHOR VISHNU KAMBLE Date:

2024.01.30 16:03:52 +0530 KISHOR VISHNU KAMBLE