Balasaheb Sudam Lokhande v. Kirloskar Pneumatic Co. Ltd.

sbw 20.wp-7221.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7221 OF 2017 Balasaheb S. Lokhande .. Petitioner Vs.

Kirloskar Pneumatic Co.Ltd.

.. Respondent None for the petitioner.

Mr. Kiran Bapat a/w Mahesh Londhe & Netaji Gawade i/b. M/s. Sanjay Udeshi & Co. for the respondent.

CORAM : A.K. MENON, J.

DATED : 27TH MARCH, 2018.

P.C. :

1. The order impugned in this petition dated 28 th June, 2017 is passed on Exhibit U-2 in Reference (IDA)no.259 of 2017 whereby the applicantpetitioner sought stay of the process of retirement and a direction to continue him in service. The petitioner is aggrieved by the fact that the impugned order merely issued notice which was made returnable.

2. Today, Mr. Bapat, the learned counsel appearing for the respondent points out that the main application Exhibit U-2 and U-12 under Section 33, have both been decided and were rejected by order dated th July, 2017. He tenders copy of the order dated 12 th July, 2017.

The same is taken on file. It appears that the petitioner is not interested 1/2

20.wp-7221.17.doc in prosecuting this petition in view of the challenge herein being restricted to the order issuing notice. In the circumstances, I pass the following order:- (i) Petition is dismissed.

(ii) No orders as to costs.

(iii) Dismissal of this petition shall not be taken as expression of opinion on merits of the case pending with the Labour Court. (A.K. MENON,J.) wadhwa 2/2