Citation : 2016 Latest Caselaw 7246 Bom
Judgement Date : 15 December, 2016
WP/3286/1997
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3286 OF 1997
1. The Chief Executive Engineer,
Zilla Parishad,
Ahmednagar.
2. The Executive Engineer,
Minor Irrigation,
South Division,
Zilla Parishad,
Ahmednagar - PETITIONERS
VERSUS
Bhausaheb Vishnu Bhonde,
Age - 41 years, Occu-Service,
R/o Newasa, Tq. Newasa,
Dist.Ahmednagar - RESPONDENT
...
Advocate for Petitioner : Shri S.T.Shelke
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: December 15, 2016
...
ORAL JUDGMENT:-
1. The petitioner is aggrieved by the ex-parte ad-interim order
dated 25.7.1989 passed by the Industrial Court, by which, notice was
issued to the petitioner and liberty was granted to appear in the
Court and file the written statement.
2. While admitting this petition, this Court granted interim relief
in terms of prayer clause (C) to the petitioner, thereby, staying the
ex-parte ad-interim relief.
WP/3286/1997
3. None has appeared for the respondent.
4. I have heard Shri Shelke and have gone through the petition
paper book with his assistance.
5. The ex-parte ad-interim order passed by the Industrial Court,
while issuing notice to the petitioner / original respondent, has been
stayed by this Court for the past more than 19 years.
6. In the light of the above, this petition is partly allowed and
the interim order of this Court is continued for the period of six
months. The Industrial Court at Ahmednagar shall decide Complaint
(ULP) No.246 of 1989, on it's own merits, if not already decided,
within the period of six months from today.
7. Needless to state, if the complaint is already decided, this
interim relief shall stand vacated as the parties would be bound by
the final judgment of the Industrial Court. If the complaint is not
decided, this interim relief shall lose it's efficacy after the complaint
is decided by the Industrial Court or within six months from today,
whichever is earlier.
WP/3286/1997
8. Rule is made partly absolute in the above terms.
( RAVINDRA V. GHUGE, J. ) ...
akl/d
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