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Bombay High CourtWP/1446/1996admittedallowedgrantedrule absolute

Managing Director And Another. v. Govind Awadhoot Kulkarni And Another.

2015-04-16Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1) W.P.No.1446.96

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1446 OF 1996 1.

The Managing Director, Maharashtra State Hatmag Mahamandal Limited, having it's office at Nagpur

2. The Maharashtra State Hatmag Mahamandal, Dhule Depot, Dhule, through Manager ..PETITIONERS

VERSUS

1. Mr Govind Avdhut Kulkarni, Plot No.29, Pramod Nagar, Sector No.65/2, Deopur, Dhule

2. The Member, Industrial Court, Nasik ..RESPONDENTS Mr V.N. Dankh, Advocate for petitioners;

Mr T.W. Pathan, Advocate for respondent no.1 CORAM : N.W. SAMBRE, J.

DATE : 16th April, 2015 ORAL JUDGMENT :

This petition is by a Corporation of Government of Maharashtra, questioning the judgment dated 18th January, 1996, passed by the Member, Industrial Court, Nashik, in Revision No.24 of 1995 and the order dated 20th December, 1994, passed by the Judge, Labour Court, Dhule in Complaint (ULP) No.115 of 1991.

(2) W.P.No.1446.96 2.

The Judge, Labour Court, Dhule, upon the claim brought before it by respondent no.1 - employee, has directed the petitioners herein to reinstate him forthwith, with continuity of service and payment of full back wages along with other ancillary reliefs.

3.

The said order of the Labour Court was upheld by the Member, Industrial Court, by dismissing the revision of the present petitioners. Thus, the present petition.

4.

The parties to the present petition are in agreement that the petition can be disposed of in terms of the judgment of the Apex Court, in the matter of Mohammad Hifzur Rehman vs. Maharashtra State Handloom Corporation, rendered in Civil Appeal No.524 of 2015 (arising out of S.L.P. (C) No.28808 of 2014) on 16th January, 2015.

5.

Learned Counsel appearing on behalf of the petitioners informs this Court that the petitioners - Corporation has instructed him to get the present petition disposed of in terms of the said judgment. The communication dated 13th February, 2015, issued by the petitioner - Corporation along with copy of the judgment of the Apex Court (referred supra) produced on behalf of the petitioners is taken on record and marked "X" for identification.

(3) W.P.No.1446.96 6.

Learned Counsel appearing on behalf of respondent no.1 - employee, upon instructions, conceded the request of the petitioners. 7.

Thus, the present writ petition stands disposed of in terms of the order dated 16th January, 2015, passed by the Honourable Apex Court in Civil Appeal No.524 of 2015 (arising out of S.L.P. (C) No.28808 of 2014). Rule is made absolute accordingly.

8.

In view of disposal of the writ petition, pending Civil Applications stand disposed of.

(N.W. SAMBRE, J.) amj