Bansi Bhausaheb Fadale v. The Maharashtra State Road Transport Corporation Thro Its Divisional Controller And Another

{1} wp806-20.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.806 OF 2020 Bansi Bhausaheb Fadale PETITIONER

VERSUS

The Maharashtra State Road Transport Corporation Through its Divisional Controller Ahmednagar and Another RESPONDENTS .......

Mr. Ajay T. Kanwade, Advocate for the petitioner Mr. B. S. Deshmukh, Advocate for the respondents .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th JULY, 2023 ORDER :

1.

The petitioner is aggrieved by the order dated 21st November, 2019 passed by the learned Member, Industrial Court, Ahmednagar in Revision Application (ULP) No. 36 of 2014, thereby quashing the judgment and order dated 26th February, 2014 passed by the Labour Court in Complaint (ULP) No.11 of 2009 and dismissing the Complaint, wherein the petitioner had challenged show cause notice issued to him by the respondents as to why he should no be dismissed from service. 2.

By order dated 21st November 2019, passed below ExhibitU-2, the petitioner was given 15 days' protection from the date

{2} wp806-20.doc of the order and the respondents were directed not to take any action on the basis of the disputed show cause notice dated 4th February, 2009 till next 15 days.

3.

Learned advocate for the respondents states that the petitioner is dismissed from service and the petitioner has to avail appropriate remedy as permissible in law. 4.

In view of the subsequent dismissal of the petitioner, nothing survives in the present petition. The writ petition is, therefore, disposed of as infructuous with liberty to the petitioner to avail appropriate remedy.

5.

In case the petitioner challenges the order of dismissal, the concerned court may sympathetically consider the delay condonation application, if filed by the petitioner. [NITIN B. SURYAWANSHI] JUDGE drp/wp806-20.doc