Bhausaheb Yesu Bhangare vs Mah. State Road Transport Corporation ...
2024 Latest Caselaw 2439 Bom

Bombay High Court

Bhausaheb Yesu Bhangare vs Mah. State Road Transport Corporation ... on 25 January, 2024

Author: Sandeep V. Marne

Bench: Sandeep V. Marne

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                             CIVIL APPELLATE JURISDICTION

                            WRIT PETITION NO. 2902 OF 2019


Bhausaheb Yesu Bhangare                            ...Petitioner
     Versus
Mah. State Road Transport Corporation              ...Respondent(s)

                                    ....
Ms. Divya Wadekar, i/b. Mr. Vaibhav Jagdale, for Petitioner.
Mr. Amit Ashok Ghavte, for Respondent.
                                              ....

                                        CORAM : SANDEEP V. MARNE, J.

DATED : 25 JANUARY 2024.

P.C. :

Challenge in the present petition is to the Order dated 12 February 2014 passed by the Labour Court refusing to grant interim order in favour of the Petitioner in Complaint (ULP) No.20 of 2011, which is instituted challenging the Show Cause Notice issued by the Respondent- Corporation for imposing punishment after completion of enquiry.

2. The Order of the Labour Court was unsuccessfully tested before the Industrial Court, which has rejected the Revision on 08 January 2019.

3. During pendency of the present petition, Complaint (ULP) No.20 of 2011 has been decided by the Judgment and Order dated 06 September 2023 and the Labour Court has dismissed the same. In that view

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of the matter, the Petitioner will have to take necessary steps in respect of Judgment and Order dated 06 September 2023. Nothing would survive in the present petition.

4. Learned counsel appearing for Petitioner would invite my attention to the Order dated 06 March 2019 passed in the present petition whereby this Court has continued the ad-interim Order which, according to learned counsel, continues to operate till date. In my view, employer must be permitted to take disciplinary proceedings to their logical end by passing Order of penalty. Therefore interim order granted during pendency of the present petition cannot be continued. Writ Petition is disposed of as infructuous leaving open all contentions on merits.

SANDEEP V. MARNE, J.

KISHOR by KISHOR VISHNU VISHNU Date:

KAMBLE

KAMBLE 2024.01.30 16:03:52 +0530