Bhagwati Refinary Private ... vs Shankar Devchand Bhavsar
2016 Latest Caselaw 6674 Bom

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             IN THE HIGH COURT OF JUDICATURE OF BOMBAY   
                         BENCH AT AURANGABAD




                                                           
                            WRIT PETITION NO.1496 of 1997 

    Bhagwati Refinary Pvt.Ltd.,
    Pachora, Dist.Jalgaon,




                                                          
    Through its Manager,
    Shri Govind Vasant Shimpi                                   -- PETITIONER 

    VERSUS




                                             
    Shankar s/o Deochand Bhavsar,
    Age-Major, R/oMansinka Colony,
                              
    Pachora, Dist.Jalgaon                                       -- RESPONDENT

Mr.L.V.Sangit h/f Mr.S.V.Dixit, Advocate for the petitioner.

Respondent served.

( CORAM : RAVINDRA V. GHUGE, J.)

DATE : 24/11/2016

ORAL JUDGMENT :

1. Though the respondent has been served after admitting this

matter and granting interim relief in terms of prayer clause "B", no

appearance has been entered by the respondent.

2. Nevertheless, Mr.Sangit, learned Advocate fairly submits that

the Labour Court, by the impugned order dated 11/09/1996 had

allowed the application for interim relief in Complaint (ULP)

No.133/1996 in the nature of a direction to pay 75% of the back

wages and reinstatement. The Industrial Court, vide the impugned

khs/NOV.2016/1496-d

judgment dated 14/03/1997 rejected the Revision (ULP) No.136/1996

filed by the petitioner.

3. This Court, while admitting the matter, has granted interim

relief in terms of prayer clause "B" which reads as under :-

"B. That, pending the hearing and final disposal of the present

writ petition, the execution, implementation and operation of the judgment and order, dated 11/09/1996 passed by Judge,

Labour Court, Jalgaon, below Exh.U-2 in Complaint (ULP) No.133/1996 as confirmed by the judgment and order, dated

13/03/1997 passed by Member, Industrial Court, Nashik in Revision (ULP) No.136/1996, be stayed."

4. As such, it is evident that the interim relief of reinstatement

and 75% back wages granted at the interim stage has been stayed by

this Court for the last more than 19 years, In this backdrop, I deem

it appropriate to pass the following order :-

    [a]    This petition is allowed. 





    [b]    The   impugned   order   dated   11/09/1996,   which   amounts   to  

granting final relief at interim stage is quashed and set aside. Similarly, the impugned judgment of the Industrial Court dated 14/03/1997 is quashed and set aside and Revision (ULP) No. 136/1996 is disposed of.

[c] In the event, Complaint (ULP) No.133/1996 has not been

khs/NOV.2016/1496-d

decided by the Labour Court, Jalgaon, the same shall be decided as expeditiously as possible and in any case, prior to

29/04/2017.

[d] In the event the said complaint has already been decided, the parties shall be subject to the result of the complaint and

further litigation, if any.

5. Rule is made absolute accordingly.

                                  ig                          ( RAVINDRA V. GHUGE, J.)
                                
      
   






    khs/NOV.2016/1496-d