Allowed

Ratilal Ramadas Patil. v. M.S.R.T.C.,Dhule.

Bombay HC5 May 2012WP/2101/1996

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay held that an interim stay to an Industrial Court order regarding dismissal rendered the order infructuous as the petitioner had retired. Consequently, the stay was made absolute, the Industrial Court order was quashed, and Rule made absolute with no costs.

What did the court decide?

The order passed by the Industrial Court was quashed, Rule made absolute, and the petitioner held entitled to receive retirement benefits. No order as to costs.

Ratilal Ramadas Patil. Vs M.S.R.T.C.,Dhule. — Labour and Industrial Disputes | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 2101 OF 1996

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Shri Ratilal Ramdas Patil adult, r/o Shahade, Dist. Dhule .. PETITIONER

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VERSUS Maharashtra State Road Transport Corporation through its Regional Manager, Dhulia Dist. Dhulia .. RESPONDENT

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Mr. C.R. Deshpande, advocate for petitioner.

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=====

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CORAM : R.M. BORDE, J. DATE : 5th May, 2012.

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ORAL JUDGMENT :

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Heard. None appears for respondent.

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Petitioner herein is taking exception to the order passed by the

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Member, Industrial Court, Nasik, Camp at Dhule in Revision Application (ULP)

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No. 175/88 on 14-10-1992 whereby the revision application tendered by

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employee was allowed and the order of re-instatement passed by the

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labour Court without backwages and continuity benefits is set aside and dismissal of complainant is held to be legal and proper.

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At the stage of admission of the petition, this Court by order dated 22-11-1992 granted interim relief in terms of prayer clause ‘B’ thereby staying the operation of the order passed by the Industrial Court, Nasik. As a result of grant of stay to the order passed by the Industrial Court, the employee was continued in employment. It has been informed that the petitioner / employee has retired on attaining age of super annuation. In this view of the

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matter, the order passed by the revisional Court is rendered infructuous.

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Order passed by the Labour Court has been complied with since the petitioner was continued in employment until he attains the age of super annuation. Order passed by the Industrial Court, therefore, deserves to be quashed and set aside and the same is accordingly quashed and set aside thereby holding the petitioner entitled to receive retirement benefits. Rule is

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made absolute. In the facts and circumstances of the case, there shall be no order as to costs.

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Pending civil application, if any, does not survive and stands disposed

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of.

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( R. M. BORDE ) JUDGE

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dyb

Ratilal Ramadas Patil. v. M.S.R.T.C.,Dhule.

Case brief

What is this about?

What did the court decide?

Ratilal Ramadas Patil. v. M.S.R.T.C.,Dhule.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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