The Divisional Manager Maharashtra State Road Transport Corporation v. Bharat Prabhu Patil

965-ca-14280-19 in wp.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14280 OF 2019 IN WRIT PETITION NO. 8104 OF 2015 THE DIVISIONAL MANAGER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

VERSUS

BHARAT PRABHU PATIL ...

Advocate for the Applicant : Shri D. S. Bagul ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 06th DECEMBER, 2019 ...

PER COURT :

1.

Shri Bagul, learned Advocate appearing on behalf of the Applicant / original petitioner submits that a correction needs to be carried out in paragraph Nos. 11 and 12 of the judgment of this Court dated 01/02/2016 delivered in Writ Petition No. 8104/2015, on the basis of events that have occurred after this Court delivered the judgment.

2.

He further submits that this Court had concluded that it would not interfere in the order of reinstatement in favour of the Respondent. However,

965-ca-14280-19 in wp.odt the order of costs and back wages was quashed and set aside. The back wages were made subject to the outcome of the pending criminal appeal. Now the said criminal appeal has been decided and the original complainant before the Labour Court has been acquitted. However, the State has preferred an appeal to the High Court and therefore paragraph Nos. 11 and 12 of the judgment be amended.

3.

I do not fnd that this Civil Application needs to be entertained since the order dated 01/02/2016 was passed when the criminal appeal was pending. Now that the criminal appeal is decided and a further appeal is pending in this Court, it would not warrant any correction in the said judgment.

4.

This Civil Application is, therefore, rejected. (RAVINDRA V. GHUGE, J.) shp/-