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Bombay High CourtWP/1721/2002disposed offdismissed for default

Marathi Mission Trust v. Vishal Yashwantrao Gaikwad And Others

2019-05-07Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 104 WRIT PETITION NO.1721 OF 2002 MARATHI MISSION TRUST

VERSUS

VISHAL YASHWANTRAO GAIKWAD AND OTHERS ...

Advocate for Petitioner : Shri S.V.Dixit AGP for Respondent / State : Shri N.T.Bhagat ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: May 07, 2019 ...

PER COURT :- 1.

None present for the respondent No.1, original complainant in Complaint (ULP) No.93 of 2001, before the Industrial Court, Ahmednagar.

2.

I have heard the learned Advocate for the petitioner and the learned AGP on behalf of respondents 2 and 3. 3.

This petition is directed against an interim order, dated 16.1.2002, passed by the Industrial Court, Ahmednagar, vide which, a temporary declaration of ULP has been made and the petitioner is directed to disburse earned wages to the complainant. Learned Advocate for the petitioner submits that prior to the impugned order below Exhibit U-2, the same Industrial Court had earlier passed an interlocutory order, which was set aside by this Court in Writ Petition akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- WRIT PETITION NO.1721 OF 2002 No. 2446 of 2001. He further submits that the impugned interlocutory order has been stayed by this Court vide order dated 30.4.2002. The ULP Complaint was not stayed. LPA No.68 of 2002, challenging the order of this Court has been withdrawn on 7.6.2002 and costs have been imposed.

4.

I find that the impugned interlocutory order has been stayed by this Court for the last 17 years. No purpose would be served by keeping this petition pending. As such, this petition is disposed off by continuing the order of this Court, dated 30.4.2002, with a direction to the Industrial Court to decide Complaint (ULP) No.93 of 2001, as expeditiously as possible and in any case on/or before 31.12.2019, if not already decided. The effect of the order of this Court dated 30.4.2002 would continue till the said complaint is decided or till 31.12.2019, whichever is earlier.

5.

Rule is discharged.

( RAVINDRA V. GHUGE, J. ) ...

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