Maharashtra State Road Transport ... vs Laxman S/O Mahadev Patke
2023 Latest Caselaw 3147 Bom

                                                          1                                 918.WP.1980-2023.odt




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

                            WRIT PETITION NO. 1980 OF 2023
      ( Maharashtra State Road Transport Corporation, Thr. Divisional
                             Controller, Akola
                                   Vs.
                       Laxman S/o Mahadev Patke )

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


                                  Mr. A.S. Mehadia, Advocate for the Petitioner.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 29th MARCH, 2023

Heard Mr. Mehadia, learned counsel for the petitioner.

2. Though a caveat has been filed and a copy has been supplied to the respondent in person as per the statement of Mr. Mehadia, learned counsel for the petitioner, none appears.

3. The petition challenges the judgment dated 21.12.2022, whereby the revision against the order dated 30.11.2022 by the Labour Court rejecting the application for stay has been allowed, inspite of the fact that the termination of the respondent is claimed to have taken place on 01.12.2022 before the filing of the revision which was filed on 02.12.2022 by the impugned judgment dated 21.12.2022 with retrospective effect,

2 918.WP.1980-2023.odt

supposedly by exercising the powers under Section 32 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short the "M.R.T.U and P.U.L.P. Act"). It is contended, that since even before filing of the revision the services of the respondent stood terminated by the order dated 01.12.2022 which was duly intimated to the respondent by publishing on the notice board as well as by RPAD, which has been received by the respondent on 06.12.2022, without there being challenge to the termination, the learned Industrial Court, Akola could not have directed restoration of the status quo ante as on 30.11.2022 by use of the powers under Section 32 of the M.R.T.U and P.U.L.P. Act. Since none appears for the respondent/caveator inspite of service, issue notice for final disposal, returnable on 03.04.2023.

4. Till the returnable date, the contempt proceedings instituted by the respondent on the basis of the judgment dated 21.12.2022 passed by the learned Industrial Court, Akola, shall stand stayed.

JUDGE SD. Bhimte