Zilla Parishad Amravati Thr. ... vs Kailash Bansilal Dhiman
2017 Latest Caselaw 4961 Bom

wp.4201.16.jud                           1


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

                     WRIT PETITION NO.4201 OF 2016

Zilla Parishad Amravati,
Through its Chief Executive Officer,
Amravati, Tq. & Dist. Amravati.                                        .... Petitioner

       -- Versus -

Kailash Bansilal Dhiman,
Aged about 53 years, Occ. Not Known,
R/o Chaprashipura, Amravati,
Tq. & Dist. Amravati.                                              .... Respondent


Shri P.A. Kadu, Advocate for the Petitioner.
Shri N.R. Saboo, Advocate for the Respondent.

                CORAM           : KUM. INDIRA JAIN, J.
                DATE            : JULY 24, 2017.


ORAL JUDGMENT :-


                Heard.


02]             This petition takes an exception to the order dated

21/03/2016 passed below Exh.C-5 in Revision (ULP) No.39/2015

by the Industrial Court, Amravati thereby refusing to grant stay

to the order of reinstatement of respondent.


03]             Vide order dated 01/08/2016, this Court after hearing

the parties, stayed the effect, operation and execution of the




 ::: Uploaded on - 01/08/2017                      ::: Downloaded on - 08/08/2017 01:27:46 :::
 wp.4201.16.jud                        2


order passed by Labour Court in Complaint (ULP) No.53/1988 on

the condition that petitioner shall deposit 25% of the amount of

back wages before the Industrial Court within two weeks.


04]             By letter dated 19/09/2016, Chief Executive Officer,

Zilla Parishad, Amravati - petitioner has granted sanction to 25%

of the back wages. Learned Counsel for petitioner submits that

the same has been deposited with the Industrial Court.


05]             Since revision is pending before Industrial Court,

Amravati and the order of stay granted by this Court is operating

since 01/08/2016, this Court is not inclined to go into the merits

of the matter as the following order would sub-serve the interest

of justice.

                                  ORDER

I. Industrial Court, Amravati is directed to decide

Revision (ULP) No.39/2015 within a period of three

months in accordance with the law.

II. Interim relief granted by this Court vide order

dated 01/08/2016 shall continue during pendency

of revision application before the Industrial Court.

III. Writ Petition No.4201/2016 stands disposed of in

above terms.

IV. No costs.

*sdw                                    (Kum. Indira Jain.J.)