Arjun Kisan Gade v. Maharashtra State Road Transport Corporation Ahmednagar Through Divisional Controller And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9413 OF 2018 Arjun Kisan Gade PETITIONER

VERSUS

Maharashtra State Road Transport Corporation Ahmednagar Division, Ahmednagar and Another RESPONDENTS .......

Mr. Parag Vijay Barde, Advocate for the petitioner Mr. B. S. Deshmukh, Advocate for respondents .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 13 th AUGUST, 2018 ORDER :

1.

Industrial Court has particularly observed that in the matter of discretionary relief, Labour Court has taken a possible view and in such exercise of discretion, industrial court has refrained from interfering with the decision impugned in the revision.

2.

On perusal of facts and circumstances as have been narrated in paragraphs No. 3 to 11 of order dated 3rd August, 2018 passed by Industrial Court in Revision (ULP) No. 22 of 2018, it does not appear that it would be desirable that the concurrent decisions so rendered, would require any meddlesome approach to interfere with the maintained discretionary relief granted.

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Writ petition, as such, is not entertained and is rejected, making it clear that observations as appearing in the orders passed by labour court in order passed on U-2 application and in the revision therefrom by the industrial court, are at the interlocutory stage of the matter and would not have any influencing effect on the decision on main complaint pending before the labour court. Labour court to decide the matter on its own merits and in accordance with evidence and law. 4.

Writ petition stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/wp9413-18 Dinesh Ramrao Pawar by Dinesh Ramrao Pawar Date: 2018.08.14 09:59:03 +0530