Kishor Namdeo Magar And ORS. v. The Executive Engineer

*1* 90.wp.5343.01

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5343 OF 2001 WITH CIVIL APPLICATION NO.8456 OF 2004 KISHOR NAMDEO MAGAR AND OTHERS.

-VERSUSTHE EXECUTIVE ENGINEER, MAHARASHTRA JIVAN PRADHIKARAN, NANDED.

...

Shri Parag Shahane h/f Shri P.L.Shahane, Advocate for the Petitioners. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 11th May, 2017 Per Court:

The Petitioners are aggrieved by the interlocutory order dated 29.11.2001 by which the Industrial Court has rejected the application for interim relief in Complaint (ULP) No.140/2001. By order dated 28.12.2001, this Court directed the parties to maintain status-quo. By order dated 08.01.2002, this Court admitted the petition and granted interim relief in terms of prayer clause (E), which reads as under:- "(E) The order passed by the learned member of the Industrial Court at Jalna dated 29.11.2001 below Exh.U-2 i.e. interim relief application may please be

*2* 90.wp.5343.01 stayed during the pendency of the above writ petition and till its disposal by way of an order of interim relief."

The learned counsel for the Petitioners/ Employees submits that subsequently Complaint (ULP) No.140/2001 has been dismissed by the Industrial Court and the Writ Petition challenging the said judgment is pending in this Court. This Writ Petition, therefore, does not survive. Considering the above, this Writ Petition is disposed of as being infructuous. Rule is discharged. Pending Civil Application does not survive and is disposed of.

kps (RAVINDRA V. GHUGE, J.)