Bombay High CourtWP/2763/2004disposed offdismissed for default

Divisional Controller Maha State Road Transport v. Bhagwan Supdu Thorat

2018-05-07Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 11wp2763o04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2763 OF 2004 DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, DHULE.

-VERSUSBHAGWAN SUPDU THORAT ...

None for the Petitioner.

Advocate for the Respondent : Shri A.R.Syed h/f Shri S.P.Brahme. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 07th May, 2018 Per Court:

None for the Petitioner.

I have heard the learned counsel for the Respondent/ Workman.

The Petitioner Corporation is before this Court challenging the interlocutory order dated 27.11.2003 passed by the Industrial Court in Complaint (ULP) No.96/2003 filed by the Respondent/ Workman. By the impugned order, the application for interim relief filed by the Respondent Exhibit U/2 was allowed and the effect of the punishment order dated 22.07.2003 was stayed.

By order dated 05.05.2004, this Court had admitted the petition and granted interim relief in terms of prayer clause "D" by which,

*2* 11wp2763o04 the impugned interlocutory order granting interim relief, was stayed by this Court. Further, the direction was issued that the Industrial Court, Jalgaon would dispose of Complaint (ULP) No.96/2003 by the end of August, 2004.

Considering the above, I find that this Writ Petition is rendered infructuous.

As such, this Writ Petition is disposed of.

Needless to state, considering the directions of this Court dated 05.05.2004, the said complaint must have been decided by now. As such, if the said complaint stands decided by the Industrial Court, the interim relief granted on 05.05.2004 would lose it's efficacy and would stand merged in the judgment of the Industrial Court. In the event, Complaint (ULP) No.96/2003 has still not been decided by the Industrial Court, the same shall be decided as expeditiously as possible and in any case on or before 31.10.2018 and only in this backdrop, the interim relief granted on 05.05.2004 would continue till the complaint is decided. Rule is discharged.

kps (RAVINDRA V. GHUGE, J.)