Subhash Ramlal Patil vs Divisional Controller Msrtc
2016 Latest Caselaw 119 Bom

Citation : 2016 Latest Caselaw 119 Bom
Judgement Date : 26 February, 2016

Bombay High Court

Subhash Ramlal Patil vs Divisional Controller Msrtc on 26 February, 2016

Bench: R.V. Ghuge

                                                                               907.WP.3334.04.doc


          
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                        
                                   BENCH AT AURANGABAD




                                                                
                                     WRIT PETITION NO. 3334 OF 2004

             Subhash Ramlal Patil
             Age: 49 years, Occu.: Nil,




                                                               
             R/o Shivaji Nagar, Pachora,
             Tq. Pachora, Dist. Jalgaon.                               ..PETITIONER
                             VERSUS




                                                          
             The Divisional Controller,
             Maharashtra State Road Transport Corporation,
                                              
             Jalgaon Division, Jalgaon.                                ..RESPONDENT

                                               ....
                                             
             Mr. P.B. Salunke, Advocate for petitioner.
             Mr.   Manoj   Shinde,   Advocate   holding   for   Mr.   M.K.   Goyanka, 
             Advocate for respondent.
                                               ....
                    


                                                    CORAM :  RAVINDRA V. GHUGE, J.

DATED : 26th FEBRUARY, 2016

ORAL JUDGMENT:

1. This petition was admitted on 29.11.2004.

2. The petitioner has assailed the judgment dated

08.12.2000 in Complaint ULP No. 90/1999 delivered by the Labour

Court and the judgment of the Industrial Court dated 06.03.2004

delivered in Revision ULP No. 45/2001.

             S.S.DESHPANDE                           1   /  3





                                                                          907.WP.3334.04.doc

3. The petitioner submits that Complaint ULP No. 90/1999

was filed for challenging the second show cause notice issued by

the respondent proposing a punishment to the petitioner.

Subsequently, he has been dismissed and therefore he has

challenged his dismissal in Complaint ULP No.24/2000 which is the

subject matter of Writ Petition No. 3665/2004 which is posted on

03.03.2016 for passing orders.

4. I have considered the submissions of the learned

Counsels for the respective sides.

5. In this petition, the subject matter is with regard to the

issuance of the second show cause notice proposing the punishment

of dismissal to the petitioner. Subsequently, he has been dismissed

and that is the subject matter of Writ Petition No. 3665/2004.

6. Since the second show cause notice merges into the final

order of punishment issued by the respondent-employer, this

petition is rendered of an academic interest. The same is therefore

S.S.DESHPANDE 2 / 3

907.WP.3334.04.doc

not required to be considered as this Court is already hearing the

litigating sides on the cause of action of dismissal.

7. As such, this petition is disposed off. Rule is discharged.




                                                         
                                                      (RAVINDRA V. GHUGE, J.)




                                                
                                     
                                    
           
        






    S.S.DESHPANDE                          3   /  3