Bombay High Court
Parshuram Daga Patil vs The Agriculture Produce Market ... on 15 December, 2016
Bench: R.V. Ghuge
WP/3133/1997
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3133 OF 1997
WITH
CIVIL APPLICATION NO. 8068 OF 2006
1. The Agriculture Produce
Market Committee, Dhule.
2. The Sabhapati,
The Agriculture Produce
Market Committee, Dhule. ..Petitioners
Versus
Shri Parshuram Daga Patil,
Age 58 years, R/o CTS No.2648,
Lane No.5, Near Mirchaya Maruti,
At Dhule. ..Respondent
...
None present.
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: December 15, 2016
...
ORAL JUDGMENT:-
1. None appears for the litigating sides.
2. The petitioner is aggrieved by the ad-interim order dated
13.2.1997 below Exhibit U/2 and the order dated 20.3.1997 below
Exhibit U/2 passed by the Industrial Court, Nasik in Complaint (ULP)
No.138 of 1997.
WP/3133/1997
3. By the impugned orders, the Industrial Court has ordered as
under:-
"1. The order dated 13.2.1997 is confirmed.
2. In view of the fact that, the complainant though
suspended pending issuance of charge - sheet, and enquiry, in
fact, had not been issued with any charge sheet and no
enquiry was initiated against him, the respondents are
directed to pay the complainant full backwages from the date
of his suspension, i.e. 6.7.1981 within seven days from the
date of this Order.
3. The respondents are further directed to consider the
salary of he complainant, as and when it might have been
increased by way of either granting annual increment or by
way of any settlement within the workers or Union.
4. The respondents are further directed to pay costs of
RS.5,000/- to the complainant for all mental harassments and
agony caused to him during the proceeding."
4. This petition was admitted on 1.12.1997 and by way of interim
relief, the impugned orders were stayed in terms of prayer clause
D(b). It appears that pursuant to the interim relief granted by this
Court, the interim orders have been stayed. However, this Court has
not stayed Complaint (ULP) No.138 of 1997.
WP/3133/1997
5. In the light of the above, since the interim orders have been
stayed for the past more than 19 years, I do not deem it proper to
vacate the interim relief granted by this Court. Ends of justice would
be met by continuing the interim relief so as to enable the Industrial
Court, Dhule (which has been subsequently established for the
District of Dhule) to proceed to decide Complaint (ULP) No.138 of
1997, which must have been transferred from Nasik to Dhule.
6.
In the light of the above, this petition is partly allowed. The
interim relief granted in terms of prayer clause D(b) shall stand
continued till the disposal of Complaint (ULP) No.138 of 1997, which
shall be disposed off by the Industrial Court, Dhule as expeditiously
as possible and preferably within a period of six months from today,
if not already decided. Needless to state, if the said complaint is
already decided, this interim relief granted earlier by this Court
would cease to continue as it would merge in the final judgment of
the Industrial Court.
7. Rule is made partly absolute accordingly.
8. Pending Civil Application stands disposed off.
( RAVINDRA V. GHUGE, J. )
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akl/d
