1 wp5025.16 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5025 OF 2016
Shyamsunder s/o Ganesh Padgilwar,
Aged about 50 years,
R/o. Panchayat Samiti,
Ghatanji, District-Yavatmal. .. Petitioner
.. Versus..
Zilla Parishad, Yavatmal,
Through its Chief Executive Officer,
Zilla Parishad, Yavatmal. ig .. Respondent
..........
Shri C.V. Jagdale, Advocate for petitioner,
Shri V.B. Bhise, Advocate for respondent.
..........
CORAM : A.S. CHANDURKAR, J.
DATED : OCTOBER 24, 2016.
ORAL JUDGMENT 1] Considering the limited controversy involved, the writ petition is heard finally with the consent of the learned counsel for the parties.
Rule. Rule made returnable forthwith.
2] The petitioner is aggrieved by the interim order passed by the Industrial Court dated 8.7.2016 whereby it refused to stay the order of transfer dated 18.5.2016. By the said order, the petitioner was transferred from Panchayat Samiti, Ghatanji to Panchayat Samiti Babhulgaon.
3] Shri Jagdale, the learned counsel for the petitioner, submits that though the order of transfer has been challenged by filing complaint ::: Uploaded on - 25/10/2016 ::: Downloaded on - 26/10/2016 00:57:53 ::: 2 wp5025.16 (J).odt before the Industrial Court, the petitioner has joined at the place of transfer without prejudice to his rights and contentions. He, therefore, submits that if the complaint itself is decided on merits, the same would serve the interests of justice.
4] Shri Bhise, the learned counsel for the respondent, supported the impugned order and submitted that the Industrial Court was justified in refusing to grant any interim relief.
5] Considering the facts of the case and as the petitioner has joined the place of transfer without prejudice to his rights and contentions, the interests of justice will be served by passing the following order :
(i) The order dated 8.7.2016 passed below Exh.U-2 is not interfered with.
(ii) The proceedings in Complaint No.80/2016 pending before the Industrial Court, Yavatmal shall be decided expeditiously and by the end of March, 2017.
(iii) The complaint shall be decided on its own merit without being influenced by the observations made in the order dated 8.7.2016.
(iv) Rule is made absolute in the aforesaid terms. No costs.
JUDGE Gulande, PA ::: Uploaded on - 25/10/2016 ::: Downloaded on - 26/10/2016 00:57:53 :::