wp5712of98.sxw 1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5712 OF 1998 1. The Superintending Engineer, Public Works Circle P.W.D. Pune.. 2. The Executive Engineer, Integrated Unit, P.W.D. Central Building, Pune 400 001. Petitioners -versus Dada pandurang Narge, c/o Ramchandra Maruti Dhondge, At Post New Kopre, Tal. Haveli, Dist.Pune. .. Respondents. Mr. A. D. Kanga, AGP for the Petitioners none for the respondent. CORAM: ANOOP V. MOHTA, J. DATED: 13th April, 2010 P.C. 1. Called out from the final hearing board. 2. The challenge is made to the order dated 3lst March, 1998, passed by the Industrial Court whereby directed to reinstate the respondent -original complainant but without back wages as the petitioner original respondents failed to cross examine the original complainant as well as failed to lead oral evidence and wp5712of98.sxw 2 therefore, the order was passed. 3. None appeared for the respondent though served. 4. While admitting the petition on 27.1.2000, this Court has granted ad interim relief is granted in terms of prayer clause (b) which resulted into stay of the impugned order. 5. The averments made in the present petition remained unchallenged. The case of the petitioner is based upon the material on record and the documents show that the respondent has received the retrenchment benefits and accordingly not only the said acknowledgment but letters are part of record. Therefore, having once accepted the benefits of retrenchment and already relieved from the service, there is no question of granting reinstatement as done in the present case. The complaint itself is, therefore, filed after more than 5 years even after receipt of the terminal benefits as recorded in the order. 6. In view of the above I am inclined to grant prayer clause (a) by setting aside the impugned order dated 3lst March, 1998. Rule made absolute in terms of prayer clause (a). No costs. ( ANOOP V. MOHTA, J.)