1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4205 OF 2008 Vijay Vishnu Channe. ...Petitioner. Vs. The Divisional Controller, M.S.R.T.C. & Ors. ...Respondents. .... Mr. P.M. Mokashi for the Petitioner. Mr. G.S. Hegde for the Respondents. ..... CORAM :DR.D.Y.CHANDRACHUD, J. June 19 , 2008. P.C.: The Petition is directed against an order passed by the Industrial Court on 19th April 2008, confirming the order of the Labour Court by which the Labour Court has declined to grant an interim stay of the disciplinary proceedings initiated by the employer. At the hearing of the Petition, Counsel appearing on behalf of the Petitioner states on instructions of the Petitioner who is present before the Court that since the disciplinary proceedings are still to be concluded, the Petitioner is advised to withdraw the main complaint being Complaint 2 (ULP) 176 of 2007 pending before the 4th Labour Court, Thane. In these circumstances, the complaint of unfair labour practice is permitted to be withdrawn and shall be dismissed as withdrawn. A copy of the present order shall be placed on the file of the 4th Labour Court, Thane. However, it is clarified that in the event that an order adverse to the Petitioner is passed at the conclusion of the disciplinary enquiry, it would be open to the Petitioner to pursue such remedies as are available in law for the redressal of his grievance, if any. Since the present petition, in the circumstances, is not being pressed on merits, the petition shall stand dismissed as withdrawn. It is also clarified that in the event that the Petitioner institutes a fresh complaint of unfair labour practice after the completion of the disciplinary proceedings, the observations contained in the impugned order of the Industrial Court, which are confined to the disposal of the application for interim relief, shall not be regarded as conclusive and the complaint shall be disposed of independently on its own merits. 3 On the request of Learned Counsel, time to submit a reply to the show cause notice is extended by a period of two weeks from today. ......