Dayaram Namdeo Fegde And Others v. The Chief Officer Yawal Municipal Council Yawal And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.8750 OF 2018 DAYARAM NAMDEO FEGDE AND OTHERS

VERSUS

THE CHIEF OFFICER YAWAL MUNICIPAL COUNCIL YAWAL AND OTHERS ...

Advocate for Petitioners : Mr. Patil Sandesh R. AGP for Respondents:Mr. S.D. Ghayal Advocate for Respondent No.1 :Mr. I.S. Godsay h/f Mr. Dayama N.R.

...

CORAM : Z.A. HAQ & S. M. GAVHANE, JJ.

Date: February 25, 2020 ...

PER COURT :- Heard.

The grievance of the petitioners is that service benefits are not granted to them as per the order passed by the Industrial Court in the earlier proceedings.

The Learned Advocate for respondent No.1 raised a preliminary objection that the petition should not be entertained as the petitioners have alternate efficacious statutory remedy before the Labour Court.

In view of the objection raised on behalf of respondent No.1, learned Advocate for the petitioners, on instructions from the petitioners, sought permission to withdraw the petition with

{2} wp 8750.18.odt liberty to avail the alternate remedy. He further prayed that the Labour Court should consider the issue of limitation in approaching the Labour Court, sympathetically. Considering the facts of the case, petition is disposed of as withdrawn with direction to the Labour Court to consider the issue of limitation sympathetically, if proceedings are initiated before it on behalf of the petitioners.

( S. M. GAVHANE, J. ) ( Z.A. HAQ, J. ) vbd