Mr. Mahadev Yashwant Shelar v. Maharashtra State Road Transport Corporation

hcs 20.w10484.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10484 OF 2017 Mahadev Yashwant Shelar .. Petitioner.

Vs.

Maharashtra State Road Transport Corporation .. Respondent.

Mrs.Seema Chopda for the Petitioner.

Mr.Y.P.Deshmukh for the Respondent.

CORAM : A.K. MENON, J.

DATED : 6TH MARCH, 2019 P.C. :

1. The challenge in this petition is to the order dated 24th February, 2015 passed by the Second Labour Court, Pune and the order dated 29th August, 2017 passed by the Industrial Court, Pune rejecting the revision application and directing that the effect of order passed by the Second Labour Court will come into effect after 20 days. The Labour Court by the order dated 24th February, 2015 rejected the application Exhibit U-2 seeking interim relief pending enquiry against the petitioner in relation to a complaint of sexual harassment wherein the petitioner questioned legality and fairness of departmental enquiry.

2. Pursuant to the decision of the Labour Court and the order of the 1/2

20.w10484.17.odt Industrial Court in revision, both of which are called into question in this petition. Meanwhile a reply to show cause notice has already been filed. However today learned counsel for the petitioner submits that the petitioner is desirous of filing an additional reply and that the petitioner be granted liberty to do so prior to matter being heard and decided. In view of the above, this petition is disposed with following directions :

(i) The petitioner shall be entitled to file an additional reply to the show cause notice on or before 22nd March, 2019. Upon such reply being filed, the same will be taken into consideration along with documents, if any, before taking a decision in the matter. (ii) Petition is disposed in the above terms. (A.K. MENON,J.) 2/2