Suresh vs The Maharashtra State Road ...
2002 Latest Caselaw 109 Bom

JUDGMENT

1. Heard the advocates for the parties.

2. Rule. By consent, rule is made returnable forthwith.

3. This writ petition challenges an interlocutory order passed by the Industrial Court, Maharashtra, Akola Bench, Akola, which has, during the pendency of Revision No.90 of 2001, granted interim relief staying the operation of the order of the Lower Court dated 2.8.2001, impugned before it.

4. The employee in question has been in service since about 10 years and has been protected by the orders of the Court throughout. The order is an interlocutory order and the main matter challenging a show cause notice is pending before the Labour Court. The effect of the impugned order in this petition is that for all practical purposes, the revision would stand allowed. It would be desirable in the interest of justice and in the facts of this case that the Revision No.90 of 2001 be finally decided by the Industrial Court. At the interlocutory stage, the Industrial Court, Akola Bench, Akola, has referred to several details and after granting stay kept the main Revision pending.

5. In the circumstances, rule is made absolute by quashing the order of Industrial Court dated 16.10.2000 passed in Revision 90 of 2001 and the Industrial Court, Akola Bench, Akola, is directed to decide the Revision No.90 of 2001 within a period of four weeks from the date of receipt of writ of this Court. There shall be no order as to costs.

6. It is an admitted position that the petitioner was taken into service on 12.1.2002, subject to result of this writ petition and the revision before the Industrial Court. He will be allowed to continue in service till the final decision of the Industrial Court, Akola Bench, Akola.