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Bombay High CourtWP/2737/2014dispossed offdismiss for default

Bhonu S/O Ramkar Yadav v. Western Coalfields Limited Through Its Chairman Cum Managing Director And Others

2015-02-05Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar2 pages

Order 0502wp2737.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 2737/2014.

Bhonu Ramkar Yadav

VERSUS

Western Coalfields Ltd. and others.

_____________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B. P. DHARMADHIKARI & A.S.CHANDURKAR, JJ.

DATED : FEBRUARY 05, 2015.

Heard Shri D.S. Thakur, learned Counsel for the petitioner and Shri C.S. Samudra, learned Counsel for respondents.

Shri Thakur, learned Counsel fairly states that prayer clause (i) is, rendered infructuous. However, he submits that competency of Area Screening Committee and scope of jurisdiction available to it, must be looked into and hence, prayer

Order 0502wp2737.14 clause (ii) still survives.

Shri Samudra, learned Counsel appearing on behalf of the respondents points out that petitioner has already reached age of superannuation in September, 2014 and has accordingly retired.

In petition, the employee - petitioner wanted to show that he was medically unfit. It is apparent that due to normal superannuation, the question sought to be agitated by Shri Thakur, learned counsel for petitioner and prayer clause (ii) is, rendered academic in present facts. However, the question of law which arises therefrom is kept open and can be looked into as and when occasion therefor arises.

With these observations, we dispose of the Writ Petition as infructuous. No costs.

JUDGE JUDGE Rgd