Uttam S/O Anantrao Shembale vs Maharashtra State Road Transport ...
2021 Latest Caselaw 12393 Bom

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

                              WRIT PETITION NO. 3275 OF 2021
      (Uttam Anantrao Shembale V/s Maharashtra State Road Transport Corporation, Yavatmal)

Office   Notes,    Office                           Court's or Judge's orders
Memoranda of Coram,
Appearances,      court's
orders or directions and
Prothonotary's orders


                                         Mr. C. V. Jagdale, Advocate for Petitioner.
                                                             ------

                                         CORAM       : AVINASH G. GHAROTE, J.

                                         DATE        : SEPTEMBER 1, 2021.

                   .                Heard. Mr. Jagdale, the learned Counsel for the

Petitioner, by placing reliance upon the Judgment of Aurangabad Bench of this Court in Ambadas Raghunath Wagh V/s Maharashtra State Road Transport Corporation and another, 2016 (2) Bom. LC. 610 (Bom) submits that the case of the Petitioner is identical to the one, as considered in the above matter, which according to him, was also on an interim application. He further makes a statement that in spite of the show cause notice dated 6/3/2021 asking the Petitioner as to why his services should not be terminated, he is still continues in service on account of the status quo passed by the Labour Court as well as by the Industrial Court. He further submits, that from the date of the incident i.e. from 7/12/2018 till date though the Petitioner has been continuously performing his duties, no

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untoward incident has taken place. Considering which, issue notice to the Respondent, returnable by 9th September, 2021.

2. The Petitioner to serve the Respondent by all modes of service as permissible in law, including e-mail and Whatsapp. Hamdast granted, if prayed.

3. In view of the fact that the learned Industrial Court had granted status quo on 28/7/2021, during the pendency of the Revision, which has been decided on 23/8/2021, the said order shall continue till the returnable date.

(AVINASH G. GHAROTE, J.) Yadav VG