Kondu S/O Arjun Maraskolhe vs Maha., State Road Transport ...
2016 Latest Caselaw 5978 Bom

                                                     1              wp5975.16.odt

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                                    
                                                            
                              WRIT PETITION NO. 5975 OF 2016


                Kondu Arjun Maraskolhe,




                                                           
                aged about 39 years,
                R/o. Umri Road, Pandharkawada,
                Tah. Kelapur, Distt. Yavatmal                                 PETITIONER




                                             
                                     ...VERSUS...

     1.
                             
                Maharashtra State Road Transport
                Corporation, through its Divisional
                Controller, M.S.R.T.C Arni Road,
                            
                Yavatmal.

     2.      Maharashtra State Road Transport
             Corporation, through its Divisional
      

             Traffic Superintendent, M.S.R.T.C
             Arni Road, Yavatmal ......                                       RESPONDENTS
   



     -------------------------------------------------------------------------------------------
     Shri C.V.Jagdale, Advocate for Petitioner.
     Shri V.G.Wankhede, counsel for Respondents
     -------------------------------------------------------------------------------------------





                              CORAM: R. K. DESHPANDE, J.

th DATE : 13 OCTOBER, 2016 .

ORAL JUDGMENT

1] Rule made returnable forthwith.

Heard the matter finally by consent of learned

counsels appearing for the parties.

                                                      2             wp5975.16.odt

               2]              The learned counsels appearing for the parties




                                                                                   

submit that this writ petition can be disposed of on the basis

of order dated 29.07.2016 passed by this Court in Writ

Petition No. 4318 of 2016, with the modification that instead

the date 20th January, 2017 occurring in the said order be

extended till 20th February, 2017.

3] In view of above, the following order is passed.

Considering the fact that the petitioner -

employee continues in service, without delving into the merits of the matter, the following order is passed to sub-serve the ends of justice.

(i) The Labour Court is directed to dispose the complaint filed by the petitioner till 20th

February, 2017.

(ii) The protection granted to the employee by this order shall operate till 20th February, 2017.

(iii) The employer shall not act on the notice challenged by the employee before the

Labour Court till 20th February, 2017.

(iv) If the Labour Court is not able to dispose the complaint till 20th February, 2017, because of non co-operation of the employee, the Labour Court will be at liberty pass appropriate

interim orders after 20th February, 2017.

4] The petition is disposed in the above terms.

In the circumstances, the parties to bear their own costs.

JUDGE Rvjalit