Bombay High CourtWP/5413/2016disposed offdismissed for default

Dilip Vasant Gade v. Gujrat State Fertilizer And Chemicals Limited Through Area Manager

2016-11-25Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5413 OF 2016 DILIP VASANT GADE

VERSUS

GUJRAT STATE FERTILIZER AND CHEMICALS LIMITED THROUGHAREA MANAGER ...

Advocate for Petitioner : Shri Wani Girish V ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 25th November, 2016 Per Court:

The Petitioner is aggrieved by the judgment and order dated 14.10.2015 delivered by the Appellate Authority, namely, Industrial Court, Jalgaon by which Appeal (PGA) No.4/2013 filed by the Respondent has been allowed. Consequentially, the order of the Controlling Authority dated 30.03.2013 directing the Respondent to pay gratuity has been quashed and set aside.

I have heard the learned Advocate for the Petitioner. There is no dispute that the Petitioner was dismissed from service on 17.07.2002 when he was apprehended accepting bribe. He was

*2* 903.wp.5413.16 working as a Junior Assistant-cum- Typist working with the Respondent from 1984. He challenged his termination before the Labour Court in Complaint (ULP) No.54/2002 which has been dismissed by the Labour Court. His Revision (ULP) No.35/2009 was also dismissed by the Industrial Court on 06.08.2009. He has challenged both the judgments before this Court in Writ Petition No.7255/2009 which is pending final hearing. No interim relief has been granted to the Petitioner. In the light of the above, I am of the view that ends of justice would be met by listing this petition along with Writ Petition No.7255/2009 for final hearing.

Issue notice to the sole Respondent, returnable on 16.12.2016. This matter would be heard finally along with Writ Petition No.7255/2009 which would also be listed on the same date. A copy of the petition paper book of this petition shall be deposited with the Registry of this Court on or before 30.11.2016, failing which, this order of issuance of notice stands recalled and this petition shall stand dismissed without further reference to the Court. kps (RAVINDRA V. GHUGE, J.)