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Bombay High CourtWP/1700/2004disposed offdismissed for default

Divisional Controller M S R T C v. Bhagwat Shamu Patil

2018-03-21Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1700 OF 2004 The Divisional Controller, Maharashtra State Road Transport Corporation Jalgaon Division, Jalgaon - PETITIONER

VERSUS

Bhagwat s/o Shamu Patil, Age-43 years, Occu-Driver, R/o Dhar, Post Zurkheda, Tal.Dharangaon, Dist.Jalgaon - RESPONDENT Mr.M.K.Goyankar, Advocate for the petitioner. Mr.S.R.Patil, Advocate for the respondent.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 21/03/2018 ORAL JUDGMENT :

1.

The petitioner / Corporation is aggrieved by the judgment of the Labour Court dated 13/06/2000 and the judgment of the Industrial Court dated 25/06/2003.

2.

I have considered the strenuous submissions of Mr.Goyanka, learned Advocate for the petitioner and Mr.Patil, learned Advocate for the respondent.

khs/MAR.2018/1700

3.

This Court had passed an order on 10/06/2004 admitting the petition. A further order was passed on 06/08/2004 recording that the respondent was already reinstated in service on 14/12/2000 and he has been in continuous service thereafter. Hence interim relief was refused.

4.

The respondent was granted reinstatement with continuity of service and was punished by depriving him of all back wages. He has accepted the said order and has not challenged the same before any Superior Court. The respondent has subsequently died in 2017. 5.

Considering the fact situation as above, I find that this petition is also rendered infructuous and is, therefore, abated. Rule is discharged.

( RAVINDRA V. GHUGE, J.) khs/MAR.2018/1700