Shamrao S/O Tulshiram Gedam v. Maharashtra State Road Transport Corporation Thr. Its Divisional Controller

1 wp1705.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1705 of 2015 Shamrao Tulshiram Gedam, aged about 53 years, Occ. Nil, R/o,. Behind S.T.Stand, Chandrapur .

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PETITIONER ...VERSUS...

Maharashtra State Road Transport Corporation, through its Divisional Controller, M.S.R.T.C. Chandrapur RESPONDENT ------------------------------------------------------------------------------------------- Shri C.V.Jagdale, Advocate for Petitioner.

Shri V.H.Kedar, Advocate, for Respondent ------------------------------------------------------------------------------------------- CORAM: R. K. DESHPANDE, J.

DATE : 22 nd APRIL, 2015 .

ORAL JUDGMENT Rule made returnable forthwith.

Heard the matter finally by consent of the learned counsels appearing for the parties.

2] The petition can be disposed of by the consent order as under;

In view of the decision of this court in the case of

2 wp1705.15.odt Nandukumar vrs. Standard Mills, reported in (2006) 5 Mh.L.J. 668, the limitation for filing revision under Section 44 of the MRTU and PULP Act, 1971 is three years. The revision was preferred within a period of two years and hence, it could not have been dismissed on the ground that it is barred by limitation.

3] In the result, writ petition is allowed. The order dated 16th February, 2015 passed by the Industrial Court, Chandrapur, in Misc. Application (ULP) No. 1 of 2015 is hereby quashed and set aside. The revisional court is directed to decide the case on its own merits. No order as to cost.

JUDGE Rvjalit