Divisional Controller Maha State Road Trnsport v. Ayub Quasam Sayyed

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1712 OF 2004 The Divisional Controller, Maharashtra State Road Transport Corporation, Division - Jalgaon, District : Jalgaon - PETITIONER

VERSUS

Ayub Quasam Sayyed, Age-Major, OccuR/o H.No.44, Raheman Nagar, In front of Pawar Wadi, Chalisgaon, Tal.chalisgaon, Dist. Jalgaon - RESPONDENT Mr.M.K.Goyanka, Advocate for the petitioner.

Mr.B.R.Kedar, Advocate for the respondent.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 21/03/2018 ORAL JUDGMENT :

1.

The petitioner/Corporation is aggrieved by the judgment of the Labour Court dated 02/09/1999 by which Complaint (ULP) No.95/1999 was partly allowed. The respondent was granted reinstatement in service with continuity and was deprived of back wages on account of the proved mis-conduct. The petitioner is also aggrieved by the judgment of the Industrial Court dated 15/09/2003 by which Revision (ULP) NO.871/1999 has been rejected. khs/MAR.2018/1712-d

2.

This Court had initially granted ad-interim relief in terms of prayer clause "D" on 15/03/2004. Subsequently, by order dated 30/04/2004 on CA No.2364/2004, the interim relief was vacated as the respondent was already reinstated in service and was performing his duties.

3.

It is informed that the respondent has retired from service and has also been paid his retiral benefits inclusive of gratuity considering the order passed by this court on 23/02/2007 in CA No.13183/2005.

4.

In the light of the above, I do not find that this petition needs to be considered, as it is rendered infructuous on account of the subsequent events.

5.

This petition is, therefore, disposed of as being infructuous. Rule is discharged.

( RAVINDRA V. GHUGE, J.) khs/MAR.2018/1712-d