Mukhyadhikari Nagar Parishad Kalamb Osmanabad v. Nitin Arun Garad And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 20 WRIT PETITION NO.3528 OF 2017 WITH WP/3534/2017 WITH WP/3543/2017 WITH WP/3544/2017 MUKHYADHIKARI NAGAR PARISHAD KALAMB OSMANABAD

VERSUS

SUMIT RAJKUMAR GAIKWAD AND OTHERS ...

Adv.for Petitioner/s : Mr. Kulkarni Krishna K. Adv. Golewar V.P. For R-1 To 3.

----- CORAM : P.R.BORA, J.

DATE :

th April,2017.

PER COURT :

.

Heard. The present petitions are filed challenging the interim order passed by the learned Industrial Court, Latur, whereby it has temporarily restrained the petitioner Municipal Council from terminating the services of the Complainants in Complaint (ULP) Nos.82/2016; 55/2016; 91/2016 and 63/2016, till decision of the said ULP Complaints.

2) Learned Counsel for the petitioner - Municipal Council submits that the employment of the original Complainants was contractual in

nature and their services were terminated after the contract period was over.

In the circumstances, according to the learned Counsel, no such interim order could have been passed by the Industrial Court.

.

The learned Counsel for the original complainants, who are the respondents in the present petitions, submits that all the Complainants are still working with the petitioner Municipal Council.

3) After having considered the facts involved in the present petitions, and more particularly, taking into account the fact that the original complainants are still working with the petitioner Municipal Council, it appears to me that it will be appropriate if the original ULP Complaints are directed to be decided expeditiously. I, therefore, deem it appropriate to dispose of the present petitions with a direction to the learned Industrial Court to decide the Complaint (ULP) Nos.82/2016; 55/2016;

91/2016 and 63/2016, on their own merits, as expeditiously as possible and preferably within the period of four months from today.

4) It is clarified that this court has not expressed any opinion as regards the contentions raised in the petitions. All the issues raised in the present petition are kept open, to be agitated before the Industrial Court.

5) With the directions, as above, the writ petitions stand disposed of.

(P.R.BORA,J.) bdv/