Prakash Kalu Halor v. Dy. Director Of Health Services And ORS

2025:BHC-AUG:266 {1} wp2112-12.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2112 OF 2012 WITH CIVIL APPLICATION NO. 11856 OF 2024 Prakash Kalu Halor PETITIONER

VERSUS

Deputy Director of Health Services and Others RESPONDENTS .......

Mr. Parag V. Barde, Advocate for the Petitioner Mrs. Deepali S. Jape, AGP for Respondent - State .......

[CORAM : MANJUSHA DESHPANDE, J.] DATE : 7 th JANUARY, 2025 ORDER :

1.

Civil Application No. 11856 of 2024 is filed by the petitioner requesting to direct the respondents to disburse gratuity and pensionary benefits to the petitioner within stipulated time. 2.

In the substantive Writ Petition, prayer of the Petitioner was to quash and set aside the judgment and order dated 4th December, 2006 passed by the Member, Industrial Court, Ahmednagar in Complaint ULP No. 301 of 1995.

3.

Complaint (ULP) No. 301 of 1995 was filed by the Petitioner praying to continue to provide him work, since the employer had stopped providing him work. The Industrial Court, vide order

{2} wp2112-12.doc dated 4th December, 2006, dismissed the Complaint filed by the Petitioner. Petitioner has approached this Court challenging the said order passed by the Industrial Court.

4.

In view of the interim orders passed by this Court from time to time, Petitioner was provided with work. Learned Advocate for the Petitioner submits that the Petitioner has stood retired on attaining the age of superannuation on 30th June, 2024 and hence, the civil application is filed requesting to grant him gratuity and pensionary benefits.

5.

Considering the nature of prayers made in the Civil Application, it would be appropriate for the Petitioner to file appropriate proceedings before the appropriate forum. Hence, Civil Application is disposed of with liberty to the Petitioner to file appropriate proceedings for the prayers made in the Civil Application.

6.

Similarly, since the Writ petition has served its purpose and on account of retirement of the petitioner on attaining age of superannuation the writ petition has become infructuous. Accordingly, the Writ Petition is also disposed of as infructuous. [ MANJUSHA DESHPANDE ] JUDGE drp/wp2112-12.doc