Shree Kshetra Sangameshwar Devasthan Trust v. Jayawant L.Shinde

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204 WP3679-2001.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3679 OF 2001 Shree Kshetra Sangameshwar Devasthan Trust .. Petitioner Vs.

Mr.Jayawant Laxman Shinde .. Respondent Mr.Avinash K.Jalisatgi, for the Petitioner.

None for the Respondent.

CORAM: N.M. JAMDAR, J.

Wednesday, 17 February 2016.

PC. :

The Labour Court by the impugned Award had directed the Petitioner to reinstate the Respondent without back wages with effect from 9 October 1995. The Award is dated 27 November 2000. Rule was issued in this petition on 18 January 2002. This Court refused to grant any interim relief. The learned counsel for the Petitioner has no instructions as regards the present status of the matter.

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Considering that the interim relief was refused it is expected that the Petitioner would have abided by the order of the Labour Court. I have gone through the Award. Considering the facts and circumstances and that the Respondent is in service since last several years, without going into merits, this is not a fit case for setting aside the Award and remove the Respondent at this stage, from service. The learned counsel for the Petitioner states that

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204 WP3679-2001.doc there is a question of law involved in this petition. Considering the reason for disposal of this petition, this question of law is kept open to be considered in the appropriate case. Writ petition is accordingly rejected.

(N.M.Jamdar, J.)