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Bombay High CourtCA/15244/2017disposed offdismissed for default

Ashok Namdeo Korde v. Tilaknagar Industries Ltd.,Thro. Its Manager-R.K. Nayar

2017-12-20Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.787 OF 2017 (Ashok Namdeo Korde Vs. Tilaknagar Industries Ltd.,) WITH CIVIL APPLICATION NO.15243 OF 2017 WITH CIVIL APPLICATION NO.15244 OF 2017 Mr.S.L.Bhapkar, Advocate for the appellant.

Mr.V.P.Latange, Advocate for respondent.

(CORAM : RAVINDRA V. GHUGE, J.) DATE : 20/12/2017 PER COURT :

1.

I have considered the strenuous submissions of the learned Advocate for the appellant who has vehemently criticized the concurrent judgments dated 26/02/2010 delivered by the Trial Court in RCS No.90/2006 and dated 11/04/2017 delivered by the Appellate Court in RCA No.6/2012.

2.

There is no dispute as the fact situation emerges from the record that the appellant was appointed as a worker by the respondent/industry. The room that was allotted to him was on account of employer-employee relationship between him and the respondent. Subsequently, the respondent has declared a lock out and the matter is pending before this Court. The appellant has been terminated from service and the employer-employee relationship has khs/DEC. 2017/787-d

been severed.

3.

In identical set of facts in 5 second appeals in the matters of Punja Ramchandra Ubale and others Vs.Tilak Nagar Industries Limited (the respondent in this second appeal), this Court (Coram : Nitin W.Sambre, J.) in SA St.No.25762/2017 and 4 other matters, after hearing the litigating sides, has disposed of the second appeals by granting 6 months time from 12/10/2017 to the appellants/ workers to vacate the premises.

4.

Considering the above and since 2 months have already lapsed after this Court passed the earlier order dated 12/10/2017, I am granting 4 months' time to the appellant herein to vacate the suit premises as like the other workers and hand over the vacant possession to the respondent without fail. As such, the appellant shall have to vacate the premises on or before 21/04/2018. 5.

With the above direction, the second appeal, being devoid of merit, is disposed of. Pending civil applications, do not survive, hence stand disposed of.

( RAVINDRA V. GHUGE, J.) khs/DEC. 2017/787-d