1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MCA (REVIEW) NO.106/2011 IN WRIT PETITION NO.4534/1999 (DECIDED) [Asaram Mahadeo Uike .vrs. The Chief Conservator of Forest and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI, J. DATE : JULY 01, 2011. Heard Advocate Shri M.P. Pillai for the applicant, Advocate Shri M.P. Badar for respondent nos. 1 to 3 and 5 and AGP Shri A.S. Sonare for respondent no.4. The prayer is to review the judgment dated 25.11.2010 in Writ Petition No.4534/1999. This Court, there after noticing the facts, found direction of Industrial Court to regularize the service of present applicant unsustainable and hence the petition filed by employer-forest department was allowed. Efforts were then made to find out whether employee had obtained necessary qualification for the post of clerk, during pendency of petition. Time was given to his counsel to make a statement in this 2 respect and the matter was adjourned to next day. On that day, learned counsel reported that in short time he could not contact employee who was posted in interior area. The petition then came to be allowed. Thereafter, review has been sought pointing out that he had passed typing examination in English and Marathi in May 1997 itself and, therefore, he could have been considered for regularization on the post of clerk. Advocate Shri Badar points out that order of Industrial Court assailed in Writ Petition was dated 4.2.1999 and this document shows acquisition of typing qualification prior to it. These documents were, therefore, not produced before the Industrial Court and also were not annexed along with the writ petition. He also invites attention to the recruitment rules to show that it required passing of typing examination with speed of 40 words per minute and here the documents show passing of examinations of 30 words per minute and hence the documents are irrelevant. This Court has in its judgment also noted other legal aspects governing the matter of regularization. It is apparent that documents produced do not qualify the applicant for the post of clerk. Hence, no case for review is made out. The 3 application is rejected. Advocate Shri Pillai states that interim orders protecting the applicant should be continued for a period of four weeks more. Advocate Shri Badar is opposing the request. He states that applicant is working as a labour. The interim orders already holding the field to continue for four weeks and shall cease to operate automatically thereafter. JUDGE Gulande