IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A. 9597/08 IN WRIT PETITION NO.4952/05 (Dy.Conservator of Forest ..vs.. Ganesh D. Piprode) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 13th JANUARY, 2009 Heard Shri Solao, Advocate for petitioner and Mr. Patil, Advocate for respondent. Respondent by this application is seeking vacation of stay granted on 8.3.2006. Learned counsel by placing reliance on judgment reported in AIR 1986 Supreme Court 458 [Workmen of American Express International Banking Corporation ..vs.. Management of American Express International Banking Corporation] is claiming that holidays like Sundays etc are to be added while counting the period of 240 days as required by the G.R. It is his submission that if the relevant holidays are added to the actual working days, as mentioned in the petition, the respondent would be treated to have completed period of 240 days each year for making him entitled for the benefit of the said G.R. It seems that respondent was heard when stay was granted. Further it appears that section 25-B of the Industrial Disputes Act is probably applicable to the cases of retrenchment or lay-off. Of course, this point will have to be decided at the time of final hearing of the petition. But as it appears that if the stay is vacated, respondent would be treated to be entitled to the relief as granted by the Industrial Court, which the petitioners are challenging in the the petition, rendering the petition itself as infructuous. In these circumstances, this application can not be granted. Same is rejected. However, hearing of the petition is expedited. List the petition for final hearing on 2.3.2009. Application stands disposed of. JUDGE smp