Rajkumar Baburao Rengade v. The Director Government Institute Of Science And Another

WP-8102-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8102 OF 2020 Rajkumar Baburao Rengade ..PETITIONER Vs.

The Director, Government Institute of Science, Aurangabad and Another ..RESPONDENTS ....

Mr. P.D. Jarare, Advocate h/f Mr. S.S. Thombre, Advocate for petitioner Mr. A.B. Chate, APP for respondents ....

CORAM : R.G. AVACHAT, J.

DATED : 01st FEBRUARY, 2021 PER COURT :

1.

Heard.

2.

Order dated 30th December, 2019 below Exhibit 99 in Complaint (U.L.P.) No. 84 of 2013 passed by the Member, Industrial Court, Aurangabad is under challenge in this writ petition. The petitioner is the original complainant. He moved application for striking off Issue Nos. 2 and 6 framed in the proceeding.

3.

According to learned counsel for the petitioner, the petitioner is in employment and regularly attending his duties. Issue No.2 is, therefore, not 1/2

WP-8102-20 relevant. The petitioner is claiming for permanency. From the say filed to application (Exh.99), it appears that recording of evidence had already been commenced. The complainant has closed his evidence. Learned Member has passed order below Exhibit 99 observing that whether Issue No.2 is required to be deleted or it is essential would be considered at the time of judgment. If the court is engaged in deciding application below Exhibit 99 at this juncture, it will be a wastage of time of court.

4.

I see no reason to interfere with the impugned order. The issue raised vide application (Exh.99) could well be argued at the time of final hearing of Complaint (U.L.P.) No. 84 of 2013. All the contentions of the petitioner are kept open. Writ petition stands disposed of.

( R.G. AVACHAT, J. ) SSD 2/2