Bombay High CourtWP/3990/2001disposed offdismissed for default

Municipal Corporation Aurangabad Thr.Commissioner v. Sanjay Laxmikant Kulkarni

2017-05-11Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 916.wp.3990.01

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3990 OF 2001 MUNICIPAL CORPORATION AURANGABAD THR.COMMISSIONER

VERSUS

SANJAY LAXMIKANT KULKARNI ...

None appears for the parties.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 11th May, 2017 Per Court:

None appeared for the parties on 09.05.2017. None appears even today. However, I can dispose of this matter in the light of the peculiar facts as are recorded in the forgoing paragraphs. The Petitioner Corporation is aggrieved by the interlocutory order dated 29.05.2001 passed by the Labour Court, Aurangabad and the interlocutory order passed by the Industrial Court dated 06.08.2001 on the interim relief application in Revision (ULP) No.53/2001. While admitting this petition by order dated 06.02.2002, this Court granted interim relief in terms of prayer clause (D), thereby, staying

*2* 916.wp.3990.01 both the interlocutory orders passed by the Labour Court as well as the Industrial Court, but allowed the parties to make an application before the Labour Court for expeditious hearing of the complaint pending before that Court. As a consequence, this interim relief is operating for the past 15 years and 03 months.

Considering the above, I deem it proper to continue interim relief for further period of 09 months.

As such, this Writ Petition is partly allowed. Interim relief granted by this Court shall continue till 28.02.2018. Revision (ULP) No.53/2001 pending before the Industrial Court, if not already disposed of, shall stand disposed of. The learned Labour Court, Aurangabad shall decide Complaint (ULP) No.56/2000, if not already decided, as was directed by this Court vide interim order dated 06.02.2002, as expeditiously as possible and preferably on or before 28.02.2018. Needless to state, interim relief continued by this Court shall merge in the final judgment of the Labour Court. Rule is made partly absolute in the above terms.

kps (RAVINDRA V. GHUGE, J.)