Aayubkhan Moulali Jamadar v. The Divisional Traffic Superintendent Msrtc Kolhapur

PRAJAKTA SAGAR VARTAK PRAJAKTA SAGAR VARTAK Date: 2023.01.23 17:18:22 +0530 506-wp 8483-22 Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8483 OF 2022 Aayubkhan Moulali Jamadar ..Petitioner Vs.

The Divisional Traffic Superintendent, M.S.R.T.C. Kolhapur Division, Kolhapur

...Respondent

__________ Mr. Manoj Patil for Petitioner.

Mr. Yashodeep Deshmukh with Ms. Sonali Pawar and Ms. Vaidehi Deshmukh for Respondent.

__________ CORAM :

G.S. KULKARNI, J.

DATE :

JANUARY 18, 2023 P.C.:

1.

Not on board. Taken on board on a praecipe being moved on behalf of the petitioner.

2.

Heard Mr. Patil, learned counsel for the petitioner. 3.

The order impugned in this petition is an order dated 17 June, 2022 passed by the learned Member, Industrial Court No.02, Kolhapur, whereby Revision (U.L.P.) No.50 of 2018 as filed by the petitioner against an order dated 21 April, 2018 passed by the learned Labour Court below Exhibit U-02 in Complaint (U.L.P.) No. 26 of 2017 has been rejected. 4.

It appears that the complaint itself has been filed at the stage when the petitioner should have replied to the Show Cause Notice in the enquiry proceedings as initiated against him. Considering such perspective of the ------------------------- 18 January, 2023

506-wp 8483-22 matter, in my opinion, it is appropriate that the petitioner is permitted to reply to the said Show Cause Notice.

5.

The petition is accordingly allowed to be withdrawn with liberty to the petitioner to reply to the Show Cause Notice, which be filed within a period of 15 days from today.

6.

All contentions of the parties in the pending enquiry proceedings are expressly kept open.

7.

Disposed of as withdrawn. No costs.

[G.S. KULKARNI, J.] ------------------------- 18 January, 2023