Kailash Uttamrao Deokar v. Maharashtra State Road Transport Corporation Aurangabad Through Divisional Controller And Another

1 Writ Petition No. 424/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION No. 424 of 2019 Kailash Uttamrao Deokar age 48 years occupation labour R/o Wankhede Nagar, N-13, HUDCO Corner, T V Centre, Aurangabad Taluka and District Aurangabad

...Petitioner

VERSUS

1.

Maharashtra State Road Transport Corporation, Aurangabad through its Divisional Controller 2.

Divisional Traffic Superintendent (Default), Maharashtra State Road Transport Corporation, Aurangabad

...Respondents

Mr. Parag V. Barde, Advocate for petitioner CORAM : SUNIL P. DESHMUKH, J.

DATE : 15th January, 2019 ORDER:

1.

Heard learned counsel for petitioner.

2.

It is submitted on behalf of petitioner that, as a matter of fact, petitioner has been regularly appointed in 1987, yet, the complaint purportedly had been lodged about his appointment being on bogus compassionate ground and the petitioner has been terminated in 2012. In the substantive

2 Writ Petition No. 424/2019 complaint, against termination order, interim application for reinstatement had been filed, however, the same had been rejected. Revision against said rejection has also been dismissed and, as such, the petitioner is before this court. 3.

Having regard to the reasons which have weighed with the courts hitherto, it is not a case where approach adopted by the courts can be faulted with.

4.

It appears that it is not a matter wherein request at such a point of time and at such a stage can be indulged into as it would be interruption in the present state of affairs subsisting since 2013, by passing an interim order in favour of petitioner. 5.

In the circumstances, since the petitioner is out of service from 2013 and the substantive matter is yet pending before labour court, it will be expedient that the labour court proceeds with the pending complaint expeditiously and may dispose of the same within a period of six months from the date of receipt of writ of this order.

( SUNIL P. DESHMUKH ) JUDGE.

Madkar