Municipal Corporation Parbhani Through Its Deputy Commissioner Jagdish Shripatrao Manmote v. Chandrakala Bapurao Dahale And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1448 OF 2018 (Municipal Corporation, Parbhani Vs. Chandrakala Bapurao Dahale and others) Mr.S.S.Bora, Advocate for the petitioner.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 06/02/2018 PER COURT :

1.

The petitioner/Municipal Corporation is aggrieved by the adinterim order passed by the Industrial Court, Jalna dated 06/01/2018 in Complaint (ULP) No.109/2017, under Section 30(2) of the M.R.T.U. and P.U.L.P. Act, 1971.

2.

Learned Advocate for the petitioner contends that as per the directions of the Directorate of Municipal Administration, those daily wagers who have not been regularized in employment and who have completed 55 years of age, shall stand retired and their daily wage services will not be continued. It is informed that, in fact the proposal of the respondent No.1 has been forwarded to the appropriate authority at Mumbai for considering her for regularization. However, no orders have been communicated to the petitioner and respondent No.1 therefore stood relieved on 06/01/2018 post noon. khs/FEB.2018/1448-d

3.

The impugned order was passed by the Industrial Court on 06/01/2018 at 4.30 p.m. by which the petitioner was directed "not to take action as per letter dated 01/01/2018 if not implemented, till disposal of present application on merit" (reproduced verbatim). It is stated that the respondent was already relieved at 2.00 p.m. on 06/01/2018.

4.

Considering the above, I deem it appropriate to permit the complainant and the petitioner to address the Industrial Court, Jalna on the application for interim relief Exhibit U-7 expeditiously and the Industrial Court would consider the said application on its own merits after hearing the litigating sides.

5.

This petition is, therefore, disposed of with the above directions. ( RAVINDRA V. GHUGE, J.) khs/FEB.2018/1448-d