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Bombay High CourtWP/3459/2015rejected at admission stage

Divisional Controller, Msrtc, Jalgaon v. Eliaskhan Muradkhan Pathan

2015-04-01Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 W.P.3459.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3459 OF 2015 The Divisional Controller, Maharashtra State Road Transport Corporation, Jalgaon Division, Jalgaon.

...PETITIONER versus Eliaskhan Muradkhan Pathan, Age 55 years, Occu: Service, R/o 52/16,Aksanagar, Mehrun, Jalgaon Ta. & Dist. Jalgaon.

...RESPONDENT WITH WRIT PETITION NO. 3461 OF 2015 The Divisional Controller, Maharashtra State Road Transport Corporation, Jalgaon Division, Jalgaon.

...PETITIONER versus Dnyaneshwar S/o Yashwant Sonwane, Age -47 years, Occu: Service, R/o Nimbhora, Po. Chorgaon, Ta. Erandol, Dist. Jalgaon.

...RESPONDENT WITH WRIT PETITION NO. 3464 OF 2015 The Divisional Controller, Maharashtra State Road Transport Corporation, Jalgaon Division, Jalgaon.

...PETITIONER versus Rajendra S/o Ramdas Suryawanshi Age - 52 years, Occu: Service, R/o Khandekar Wada, Raver, Ta. Raver, Dist. Jalgaon.

...RESPONDENT .....

Mr. Mukhesh K Goyanka, Advocate for Petitioner .....

2 W.P.3459.15 CORAM : SUNIL P. DESHMUKH, J.

DATED : 1st APRIL, 2015 Order :- 1.

Petitions have been moved against concurrent findings of fact by the courts below and as such this court is not inclined to interfere with the same in present petitions, although it is being vehemently submitted that various issues arise and that the observations by the revisional court while upholding findings of the labour court are not correct being oblivious of relevant rules. No perversity at this stage is pointed out in the orders impugned. 2.

Taking into account aforesaid, interest of justice can be sub-served by observing that the order passed by labour court as well as revisional court shall not influence making of final decision in main complaints and the complaints would be decided by the labour court on their own merits and in accordance with law and facts.

3.

Whatever observations are made by the industrial court while deciding interim application in revision, would not contain labour court while it decides the complaints on merits finally. Writ petitions as such, are rejected.

Sd/- ( SUNIL P. DESHMUKH, J. ) MTK