The Divisional Controller Maharashtra State Road Transport Corp Aurangabad And ANR v. Mukesh Digambarrao Tigote

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5387 OF 2019 THE DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, AURANGABAD AND ANOTHER

VERSUS

MUKESH DIGAMBARRAO TIGOTE Mr.M.K.Goyanka, Advocate for the petitioner.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : FEBRUARY 23, 2021 PER COURT :

1.

Though a caveat has been filed by two advocates on behalf of the respondent and this matter is shown at Sr.No.911 on the daily board, the learned Advocates are absent.

2.

I have considered the strenuous submissions of the learned Advocate for the petitioner/MSRTC and have perused the petition paper book with his assistance. He has placed a communication dated 30/06/2018, issued by the petitioner, before this Court vide which the respondent has been dismissed from service for proved misconducts on 14/06/2018. The said communication is marked as "X" for identification. 3.

The petitioner has challenged the judgment of the Industrial Court khs/Feb.2021/5387-d

- 2 - dated 21/03/2018 vide which, Revision (ULP) No.67/2017 filed by the petitioner, for challenging the interlocutory order passed by the Labour Court dated 01/11/2017 below Exh.U-2 in Complaint (ULP) No.59/2017 thereby staying the second show cause notice of dismissal, has been dismissed.

4.

Considering the above and since the ULP complaint before the Labour Court is pending adjudication and keeping in view that the respondent has already been dismissed from employment on 14/06/2018, it would be appropriate to direct the Labour Court, Aurangabad to decide the pending complaint on or before 31/12/2021.

5.

In view of the above, this petition is disposed off and the Labour Court, Aurangabad shall decide Complaint (ULP) No.59/2017 on or before 31/12/2021.

( RAVINDRA V. GHUGE, J. ) khs/Feb.2021/5387-d