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Bombay High CourtWP/1421/2004disposed offdismissed for default

Dinesh K Agrawal And ORS v. Mangala Sumitra Mhankale And ANR

2018-03-03Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1421 of 2004

1. Dr.Dinesh K.Agrawal, Chairman and Bishop of Bombay Regional Conference Chairman of Governing Body, Bishop House, 22, YMCA Road, Byculla, Bombay-8, R/o Shrirampur, Dist. Ahmednagar

2. Mr.N.L.Karkare, Secretary, Government Body of the Educational Institutions, District Bunglow, Bider-Nanded Road, Udgir, Dist.Latur,

3. The Head Master, Shri P.N.Gaikwad, Rural High School, Puntamba, Tq.Rahata, Dist.Ahmednagar -- PETITIONERS

VERSUS

1. Mangala w/o Sumitra Mhankale, Age-32 years, Occu-Service, R/o Methodic Mission Compound, Near District Bunglow, Puntamba, Tq.Rahata, Dist. Ahmednagar,

2. The Education Officer (Secondary) Zilla Parishad, Ahmednagar, Dist.Ahmednagar -- RESPONDENTS ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 03/03/2018 ORAL JUDGMENT :

1.

None for the litigating sides. The petitioner/Management is before this Court challenging the interlocutory order dated 31/07/2003 passed by the Industrial Court, Ahmednagar in Complaint (ULP) No.127/2003 by which the transfer orders dated 05/07/2003 and 07/07/2003 have been stayed till the disposal of the main complaint.

2.

This Court admitted this petition on 03/03/2004 and granted interim relief by staying the impugned order as well as the ULP complaint. By order dated 02/03/2005 on CA Nos.8105/2004 and 1444/2005, it was directed that the original complainant should be allowed to work at Puntamba, Tal.Kopargaon till the final outcome of the petition and she would not press for payment of back wages at this stage.

3.

Considering the above and the fact that this petition is pending for the last 15 years, I deem it appropriate to partly allow this petition in terms of the order dated 02/03/2005.

4.

As such, this petition is partly allowed in terms of the order dated 02/03/2005. The said order would continue until Complaint

(ULP) No.127/2003 is decided by the Industrial Court, Ahmednagar, on or before 31/01/2019, if not already decided. Needless to state, all the contentions of the litigating sides are kept open including the prayer of the original complainant for back wages, in the event she succeeds in the complaint.

5.

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