1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5796 OF 1999 Shri. Bharat Parekh .. Petitioner -versus Lonawala Municipal Council.. Petitioner absent. Respondent absent. CORAM: ANOOP V. MOHTA, J. DATED: 30th March, 2010 P.C. 1. Called out from final hearing Board. 2. The petitioner employee of the respondent No.l Municipal Council, Lonavala has filed the present petition. His complaint was dismissed on 5.l2.1997. The complaint was dismissed by the Industrial Court by holding that the petitioner failed to prove favouritism since l8.4.1996 to one set of workers. 3. The complaint is with regard to the promotion of the employees working with the respondent No.l, whereas the complaint is dismissed in the year l997 itself. As there is no interim order of whatsoever nature in favour of the petitioner till this date; specifically in cases of promotion based upon averment of 2 favouritism and as the same is not accepted as the petitioner failed to prove the same and the respondent No.l which us Municipal Council by this time it must have promoted or taken steps to promote various other employees and as the petitioner was in service as Senior Clerk from l.6.1973 and as the petitioner must have completed service and /or must have been near to the age of retirement. There nothing survives in this petition except the monetary benefits, the petition is dismissed as it become infructuous with liberty. No costs. Rule is discharged accordingly with liberty. ( ANOOP V. MOHTA, J.)