Maharashtra State Road Transport ... vs Shailendra S/O. Gopalrao Ramteke And ...
2023 Latest Caselaw 12949 Bom

Bombay High Court

Maharashtra State Road Transport ... vs Shailendra S/O. Gopalrao Ramteke And ... on 18 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2023:BHC-NAG:17323
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.
                                CIVIL APPLN. (W) NO. 3608 OF 2023
                                               AND
                                WRIT PETITION NO. 8103 OF 2023
                        Maharashtra State Road Transport Corporation, Amravati
                                                 -Vs.-
                              Shailendra Gopalrao Ramteke and another
           ----------------------------------------------------------------------------------------------
           Office notes, Office Memoranda of
           Coram, appearances, Court's orders        Court's or Judge's Orders.
           or directions and Registrar's orders.
           ----------------------------------------------------------------------------------------------
                                  Mr. Y.R.Chougule, counsel for the petitioner.


                                                         CORAM : AVINASH G. GHAROTE, J.

                                                         DATE       : 18TH DECEMBER, 2023



                                  CIVIL APPLN. (W) NO. 3608 OF 2023


                                                   The    present     application   seeks    to    place

documents on record. It is contended that these documents are available on the record of the Trial Court, considering which, since notice has not been issued, the civil application is allowed and disposed of.

WRIT PETITION NO. 8103 OF 2023

By placing reliance upon the Discipline and Appeal Rules, it is contended that the show cause notice has been issued by the Competent Authority and therefore, on this ground, considering the admitted position, that the

KHUNTE 15-caw3608.23.odt

strike was declared as illegal, the impugned order passed by the learned Labour Court as well as the judgment of the learned Industrial Court dated 12/07/2023 need to be quashed and set aside.

2. On a query being made to point out the order by which the strike was declared as illegal and the pleading to that effect, the learned counsel for the petitioner, is unable to do so. Though the written statement has been referred, there is no such statement in the written statement that the strike was declared as illegal. It is therefore, clear that these are all contentious issues, which require consideration by the learned Labour Court on merits. I therefore, do not see any reason to interfere in the impugned order. The petition is therefore, dismissed. No costs.

JUDGE

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 18/12/2023 16:13:25 KHUNTE