Wp3701.98 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3701 OF 1998 Bai Dhunmai Cawasji High School ....Petitioner. Vs. Pune Labour Union & Ors. ....Respondents. Mr. S.D. Rayrikar i/by Mr. D.J. Bhanage & Co. for the Petitioner. None for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 7th April, 2010 P.C.: 1 The matter is on the final hearing board. 2 None appeared for contesting Respondent No.1 though served. 3 The submission is that there is no vacancy and therefore, there is no question of direction of re-employment. The retrenchment is due to the abolition of post, itself. Therefore, the Court also while, admitting the Petition granted ad-interim relief in terms of prayer clause (b), that resulted into stay of the impugned order since 27th July, 1998. 4 Having once granted the stay and as there was no post / vacancy available in the year 1995 itself, therefore, in my view, no point in keeping this matter pending and/or granting any re-employment in such situation. Apart from this, the averments so made in the Petition and as the case is made out and in view of above, the impugned order deserved to be set aside. Wp3701.98 2 5 The Petition is accordingly, allowed only for the above reasons as nothing survives in the matter. However, the liberty is granted to Respondent No.1 to apply for modification of this order, if any. 6 The Petition is accordingly allowed in terms of prayer clause (a). No costs. (ANOOP V. MOHTA, J.)