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Bombay High CourtWP/3283/1997disposed offdismissed for default

Chief Executive Engineer,Z.P. And Another. v. Ramesh Dattatray Bagade.

2016-12-15Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3283 OF 1997

1. The Chief Executive Engineer, Zilla Parishad, Ahmednagar.

2. The Executive Engineer, Minor Irrigation, South Division, Zilla Parishad, Ahmednagar - PETITIONERS

VERSUS

Ramesh Dattatraya Bagade, Age-37 years, Occu-Service, R/o Newasa, Tq. Newasa, Dist.Ahmednagar - RESPONDENT ...

Advocate for Petitioner : Shri S.T.Shelke ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: December 15, 2016 ...

ORAL JUDGMENT:- 1.

The petitioner is aggrieved by the ex-parte ad-interim order dated 7.6.1995 passed by the Industrial Court, by which, notice was issued to the petitioner and liberty was granted to appear in the Court and file the written statement.

2.

While admitting this petition, this Court granted interim relief in terms of prayer clause (C) to the petitioner, thereby, staying the

ex-parte ad-interim relief.

3.

None has appeared for the respondent.

4.

I have heard Shri Shelke and have gone through the petition paper book with his assistance.

5.

The ex-parte ad-interim order passed by the Industrial Court, while issuing notice to the petitioner / original respondent has been stayed by this Court for the past more than 19 years. 6.

In the light of the above, this petition is partly allowed and the interim order of this Court is continued for the period of six months. The Industrial Court at Ahmednagar shall decide Complaint (ULP) No.317 of 1995, on it's own merits, if not already decided, within the period of six months from today.

7.

Needless to state, if the complaint is already decided, this interim relief shall stand vacated as the parties would be bound by the final judgment of the Industrial Court. If the complaint is not decided, this interim relief shall lose it's efficacy after the complaint is decided by the Industrial Court or within six months from today , whichever is earlier.

8.

Rule is made partly absolute in the above terms. ( RAVINDRA V. GHUGE, J. ) ...

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