Citation : 2016 Latest Caselaw 7255 Bom
Judgement Date : 15 December, 2016
WP/3287/1997
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3287 OF 1997
1. The Chief Executive Engineer,
Zilla Parishad, Ahmednagar.
2. The Executive Engineer,
Minor Irrigation,
South Division,
Zilla Parishad,
Ahmednagar - PETITIONERS
VERSUS
Yosef Dashrath Jagtap,
Age-44 years, Occu- Service,
R/o Suregaon, 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 7.6.1995 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/3287/1997
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, 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.315 of 1995, 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/3287/1997
8. Rule is made partly absolute in the above terms.
( RAVINDRA V. GHUGE, J. ) ...
akl/d
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