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Bombay High CourtWP/452/1997disposed off

The Manager,Govt.Photozinco Press Pune, v. Shri Asghar Hussain Shaikh

2018-04-04Hon'Ble Shri Justice A. K. Menon2 pages

203-wp-452-1997 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 452 OF 1997 The Manager ... Petitioner Govt. Photozinco Press, Pune vs.

Shri Asghar Hussain Shaikh, Pune ... Respondent ..........

Ms. Vaishali Nimbalkar, AGP for the Petitioner. None for the Respondent.

..........

CORAM : A.K. MENON, J.

th APRIL, 2018 DATE : 4 P. C.

1.

This petition challenges an order dated 13 th August, 1996 passed in Complaint (ULP) No. 353 of 1991 by the Industrial Court, Pune. The substantial challenge was against the direction to withdraw the suspension order bearing no. 11477 dated 15 th February, 1991 permanently and allow the complainant to resume his duties in the original post.

2.

Learned AGP states that the suspension order was withdrawn vide order dated 3 rd February, 1995. It appears that through oversight this order was not pointed out to the Industrial Court nor was it mentioned at the time of filing of this petition. The record indicates that on 28 th January, 1997 this Court recorded that

203-wp-452-1997 there is no question of staying the suspension since it was already revoked and respondent was in service. At that stage leave was granted to conduct departmental inquiry and pending such inquiry, the petitioner was directed to not suspend the respondent. In the course of time the departmental inquiry was held and the respondent was found guilty. The order dated 8 th May, 2017 records that the learned Government Pleader made a statement that certain amounts had also been recovered from the respondent which had led to the filing of a separate complaint. 3.

Today this petition is listed for final hearing and disposal. Learned AGP states that a separate Complaint (ULP) No. 468 of 1996 filed before the Industrial Court, Pune and which has been dismissed vide order dated 13 th August, 1997. In the circumstances, nothing survives in this petition. I therefore pass the following order :

(i) Writ Petition is disposed of as infructuous.

(ii) No costs.

( A.K. MENON, J.)