Bombay High Court
Maharashtra State Road Transport ... vs Ku. Shila D/O Ashok Naik on 23 February, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2389/2019
1. Maharashtra State Road Transport
Corporation, through its Divisional
Controller, Division Office, Nagpur
2. The Deputy General Manager,
Controlling Committee No.3,
Maharashtra State Road Transport
Corporation, Central Office, Mumbai ....PETITIONERS
...V E R S U S...
Ku. Shila d/o Ashok Naik,
aged 33 years, Occ. Service (Bus
Conductor), r/o Shiv Mandir, Saoner,
Dist. Nagpur. ...RESPONDENT
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Mr. Rohan Chhabra, Advocate for petitioners.
Mr. C. V. Jagdale, Advocate for respondent.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 23.02.2021
ORAL JUDGMENT
1. At the admission stage itself, the present writ petition
can be disposed of finally. Hence, Rule. Rule is made returnable
forthwith.
2. The respondent is working as Conductor with
Maharashtra State Road Transport Corporation. By order
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dated 15.02.2019, her services were transferred from Nagpur
Division to Chandrapur Division. The respondent thereafter filed
Complaint ULP No.39/2019 before the Industrial Court, Nagpur
challenging the said order of transfer on various grounds. Along
with the complaint, an application under Section 30 (2) of the
Maharashtra Recognition of Trade Unions and Prevention of
Unfair Labour Practice Act, for grant of interim relief was also
filed. The said application is at Exh.U/2 in the said complaint. The
learned Judge, Industrial Court on 01.04.2019 allowed the
application filed on behalf of the respondent and stayed the order
dated 15.02.2019.
Being aggrieved by the said, the present writ petition is
filed.
3. This Court (Coram: Z. A. Haq, J.) on 17.07.2019,
issued notices to the respondent and at the same time, granted
interim relief in favour of the petitioners, thereby staying effect
and operation of order dated 01.04.2019 below Exh.U/2. It is
reported to this Court by learned counsel for respondent that the
respondent has already joined her duties a Conductor in
Gadchiroli Depot of Chandrapur Division. It is further reported
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that the Complaint ULP No.39/2019 filed by the respondent is still
pending before learned Member, Industrial Court, Nagpur.
4. Any comment on merit from this Court will certainly
cause prejudice to both the parties. Since, the respondent has
joined her duty as Conductor at Gadchiroli Depot from
25.09.2019, in my view, interest of justice can be secured by
passing following order.
ORDER
(i) The writ petition is disposed of with a direction to the
learned Member, Industrial Court, Nagpur that it shall decide
Complaint ULP No.39/2019, as expeditiously as possible and
within a period of two months from 16.03.2021.
(ii) The petitioners as well as respondent are directed to
remain present before the learned Industrial Court on 16.03.2021
and extend full cooperation for expeditious disposal of the matter.
(iii) Interim order dated 17.07.2019 passed by this Court
shall remain in operation till decision of Complaint ULP
No.39/2019, on its own merit.
JUDGE
kahale
