Laxman Avchit Dhangar vs The Divisional Controller Msrtc ...
2017 Latest Caselaw 1985 Bom

                                                                                       1                                     W.P. 5429.2017 - [ J ]


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD


                                             WRIT PETITION NO. 5429 OF 2017


                        Laxman Avchit Dhangar
                        Age : 57 Yrs., Occ. Nil.,
                        R/o : Nagaon, Tq. and                                                              .... PETITIONER/
                        Dist. : Dhule.                                                         [ORI. COMPLAINANT]


                                                            VERSUS


                        The Divisional Controller,
                        Maharashtra State Road
                        Transport                 Corporation,
                        Dhule           Division,             Dhule,                                    .... RESPONDENT/
                        Taluka            &      Dist. Dhule.                                     [ORI. RESPONDENT]


                                                            .............................
                                                Mr. A.S.Sawant, Advocate for Petitioner.
                                                Mr. U.B.Shriram h/f Mr. D.S.Bagul,
                                                Advocate for Respondent.
                                                            .............................
                                                                            CORAM : P.R.BORA, J.

DATE OF JUDGMENT : 25th APRIL, 2017 .............................

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard

finally with the consent of the parties.

2 W.P. 5429.2017 - [ J ]

2. By filing present Writ Petition, the petitioner

has challenged the Order dated 24/02/2017 passed by the

Industrial Court at Dhule below application at Exh. C-2 in

Revision [ULP] No. 32/2016.

3. The petitioner herein has filed Complaint [ULP]

No. 23/2016 before the Labour Court at Dhule. In the

said Complaint, the petitioner had also filed an application

seeking interim relief and the said application at Exh. U-2

was allowed by the Labour Court vide Order dated

22/07/2016. Learned Labour Court vide said interim order

has directed the respondent to reinstate the petitioner in

service as a Security Guard forthwith or else to pay full

wages to the complainant till the final disposal of the

Complaint. Aggrieved by the order so passed, the

respondent/Corporation filed Revision [ULP] 32/2016 in

the Industrial Court at Dhule. In the said Revision

Application, the application was filed seeking interim relief

with a prayer to stay the effect and operation of the

interim order passed by the Labour Court. The Industrial

Court has allowed the said application and has stayed the

effect and operation of the order till disposal of the

Revision Application subject to payment of Rs. 25,000/-

                        [Rupees                    Twenty                  Five               Thousand]                      by             the





                                                                                        3                                     W.P. 5429.2017 - [ J ]


                        applicant/Corporation                               to         the          respondent/employee.

Aggrieved by the same, the respondent/employee has

preferred present Writ Petition.

4. After having heard the learned counsel for the

parties, it appears to me that without entering into the

merits of the submissions made on behalf of both the

parties, the petition can be disposed of by directing the

Labour Court to dispose of the main complaint

expeditiously. Admittedly, the respondent/Corporation

has filed Revision Application before the Industrial Court

against the interim order passed by the Labour Court.

Present Writ Petition is also filed against the interim order

passed by the Industrial Court. In fact, it would be in the

interest of justice of both the parties that the main

complaint pending before the Labour Court is decided

expeditiously. It is informed by the learned counsel for

the respondent/Corporation that the Corporation will

deposit the amount of Rs. 25,000/- [Rupees Twenty Five

Thousand] within two (2) weeks as directed by the

Industrial Court vide the impugned order. It appears to

me that the petitioner/workman shall not insist for the

relief of reinstatement as granted in his favour by way of

interim relief by the Labour Court and shall proceed with

4 W.P. 5429.2017 - [ J ]

the main complaint. In such circumstances, the

respondent/Corporation may not prosecute further the

Revision Application filed by it before the Industrial Court.

The petitioner/employee, however can be permitted to

withdraw the amount of Rs. 25,000/- [Rupees Twenty

Five Thousand] after the same is deposited on an

undertaking that in the event any adverse order is passed,

he will return the said amount to the

respondent/Corporation during the period of six (6) weeks

after passing of such an order. In view of the above,

following order is passed.

[i] The Industrial Court, Dhule shall dispose of the

Revision [ULP] No. 32/2016 in terms of the interim order

passed by it on 24/02/2017.

[ii] The Labour Court shall decided Complaint

[ULP] No. 23/2016 as expeditiously as possible and

preferably within a period of four (4) months from the

date of this order.

[iii] The Industrial Court shall permit the present

petitioner to withdraw amount of Rs. 25,000/- [Rupees

Twenty Five Thousand] on an undertaking as mentioned

5 W.P. 5429.2017 - [ J ]

by this Court in the body of this Judgment.

[iv] Writ Petition stands allowed. Rule is made

absolute in the aforesaid terms.

[P.R.BORA, J.]

KNP/W.P. 5429.2017 - [ J ]