1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.1221 OF 2009 IN WRIT PETITION NO.3932 OF 2008 ... Mukund s/o Narharrao Chavare ...PETITIONER V E R S U S Executive Engineer MSEDCL and another ..RESPONDENTS. Shri. A.M.Gaikwad, Advocate for the petitioner. Shri.S.M. Godsey Advocate for the respondent. CORAM : B.R. GAVAI, J : DATE : 15th JULY, 2009 PER COURT :- 1. By way of present application, the applicant has prayed for direction the respondents to re-instate the applicant. 2- The present applicant was working with the respondent as a Upper Divisional Clerk. The applicant was charge sheeted for an offence punishable under the provisions of Prevention of Corruption Act. Similarly, departmental enquiry proceedings were also initiated against the applicant. On 18.2.2006 a show cause notice was issued to the applicant for dismissal. The applicant therefore filed a complaint before the Learned Labour Court bearing ULP No.23/2006 alongwith an application for interim relief. The learned labour Court had granted stay to the show cause notice. Subsequently non applicants withdrew the show cause notice and as such the applicant also withdrew the complaint. However, it appears that subsequently the applicant 2 was convicted by the Criminal Court for the offence punishable under the provisions of Prevention of Corruption Act. Accordingly, the applicant was served with the notice of show cause dated 08.09.2006, as to why he should not be terminated from his services on account of his conviction. The applicant again filed a complaint before the Labour Court, Jalna being ULP No. 81/2006 alongwith an application for interim relief. The Labour Court allowed the application u/s 30 (2) of the MRTU and PULP Act and the non applicants were restrained from terminating the services of the applicant. Thereafter, the non applicants filed revision petition No. ULP 22/2007 before the learned Industrial Court, Jalna. The Learned Industrial Court on 7.04.2008 rejected the revision. Being aggrieved thereby, the petitioners has filed writ petition in this Court. In the said petition, rule has been granted and by way of ad-interim relief, the orders passed by the learned Labour Court and Industrial Court have been stayed. It appears that in pursuance to the interim orders passed by this Court, the non applicants had terminated the services of the applicant on 17.07.2008. 3. Shri S.M.Godsey the learned counsel appearing on behalf of the non applicants vehemently opposed the application. He submits that it is not necessary to issue any notice to employee for termination on account of his conviction in a criminal case. He submits that merely because the applicant has been terminated on account of his conviction by a criminal court, and conviction is stayed cannot be a ground for re-instated. 4. It could thus be seen that the basis of termination of services of the applicant is his conviction by the Criminal Court. The order of conviction 3 and sentence has been challenged by the present applicant before this Court by way of criminal appeal No. 510/2007. The applicant has also filed an application No.2824 for stay to the conviction. This court by a reasoned order has granted stay to the conviction. It could thus be seen that only ground on which the order of termination is based i.e conviction has been stayed by this Court. In these peculiar facts and circumstances, I am inclined to allow the application. Application is partly allowed. It is directed that the non applicants shall re-instate the applicant on the post which he was occupying, with immediate effect. However, it is made clear that, the applicant shall not be entitled to claim any back wages for the period between 17.07.2008 and the date of he is actually re-instated. However the applicant would be entitled to continuity in services. It is further made clear that in the event criminal appeal filed by the present applicant is decided against him, the order passed by this Court shall stand automatically recalled. ( B. R. GAVAI ) JUDGE ..... aaa/ca1221.09