Bombay High CourtCAW/1708/2014admittedallwdgrantedrule absolute

Rashtriya Adivasi Yuvak Shikshan Sanstha, Through Its Secretary, Nagpur v. Rajesh S/O Chandrabhan Sakharwade And 2 Others

2016-01-06Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2893/2014 Rashtriya Adivasi Yuvak Shikshan Sanstha, Nagpur, through its Secretary ..Versus..

Rajesh s/o Chandrabhan Sakharwade and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 6.1.2016 Heard Shri I.J. Damle, advocate for the petitioner and Ms. T.H. Udeshi, A.G.P. for respondent no.3. None appears for respondents 1 and 2.

The learned advocate for the petitioner has submitted that the complaint filed by the respondent no.2 could not have been entertained by the Labour Court as the respondent no.1 was required to avail the remedy of filing appeal under the Special School Code Applicable to Schools for Physically Challenged. Whether the respondent no.1 could have availed the remedy of appeal or not is required to be considered. The petition raises

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RULE.

The learned advocate for the petitioner has pointed out the copy of order dated 10th June, 2013 (Annexure 15 at page 105 of the paper book) which shows the name of respondent no.1 at serial no.5. This document shows that the respondent no.1 is appointed by the Maharashtra State Road Transport Corporation. Considering the facts of the case, I am satisfied that the petitioner has made out a case for grant of interim order. During the pendency of the petition, the effect, operation and execution of the impugned order is stayed.

C.A.W. NO.1708/2014.

The filing of true translation of the documents in vernacular is dispensed on condition that the petitioner shall file the true translation as and when required by the Court. The civil application is allowed accordingly.

JUDGE Tambaskar.