IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 336 OF 2007 WRIT PETITION NO. 336 OF 2007 WRIT PETITION NO. 336 OF 2007 SHRI NIVRUTTI SHIVAJI GAWLI, ADULT SHRI NIVRUTTI SHIVAJI GAWLI, ADULT SHRI NIVRUTTI SHIVAJI GAWLI, ADULT R/AT. WARD NO. 8, MADHUBAN SOCIETY, R/AT. WARD NO. 8, MADHUBAN SOCIETY, R/AT. WARD NO. 8, MADHUBAN SOCIETY, SOLGE MALA, ICHALKARANJI, TAL. SOLGE MALA, ICHALKARANJI, TAL. SOLGE MALA, ICHALKARANJI, TAL. HATKANANGALE, DIST.KILHAPUR. ...PETITIONER. HATKANANGALE, DIST.KILHAPUR. ...PETITIONER. HATKANANGALE, DIST.KILHAPUR. ...PETITIONER. VS. VS. VS. 1. THE CHIEF OFFICER, ICHALKARANJI 1. THE CHIEF OFFICER, ICHALKARANJI 1. THE CHIEF OFFICER, ICHALKARANJI MUNICIPAL COUNCIL,DIST.KOLHAPUR. MUNICIPAL COUNCIL,DIST.KOLHAPUR. MUNICIPAL COUNCIL,DIST.KOLHAPUR. 2. MAHADEV BHAGOJI GORADE, ADULT, 2. MAHADEV BHAGOJI GORADE, ADULT, 2. MAHADEV BHAGOJI GORADE, ADULT, R/O.KAGAL,TAL.KAGAL,DIST.KOLHAPUR. R/O.KAGAL,TAL.KAGAL,DIST.KOLHAPUR. R/O.KAGAL,TAL.KAGAL,DIST.KOLHAPUR. 3. PRAKASH DATTATAY JAGTAP,ADULT 3. PRAKASH DATTATAY JAGTAP,ADULT 3. PRAKASH DATTATAY JAGTAP,ADULT R/O.3/336/1, AVDHUT AKHADA, R/O.3/336/1, AVDHUT AKHADA, R/O.3/336/1, AVDHUT AKHADA, ICHALKARANJI,DIST.KOLHAPUR. ICHALKARANJI,DIST.KOLHAPUR. ICHALKARANJI,DIST.KOLHAPUR. 4. STATE OF MAHARASHTRA,KOLHAPUR. ...RESPONDENTS. 4. STATE OF MAHARASHTRA,KOLHAPUR. ...RESPONDENTS. 4. STATE OF MAHARASHTRA,KOLHAPUR. ...RESPONDENTS. MRS. S.M.DHARAP WITH ANJALI HELEKAR FOR THE PETITIONER. MRS. S.M.DHARAP WITH ANJALI HELEKAR FOR THE PETITIONER. MRS. S.M.DHARAP WITH ANJALI HELEKAR FOR THE PETITIONER. AGP FOR THE STATE. AGP FOR THE STATE. AGP FOR THE STATE. CORAM : A.P. DESHPANDE, J. CORAM : A.P. DESHPANDE, J. CORAM : A.P. DESHPANDE, J. DATE : January 16, 2007. DATE : January 16, 2007. DATE : January 16, 2007. P.C. 1. An Interlocutory Order passed by the P.C. 1. An Interlocutory Order passed by the P.C. 1. An Interlocutory Order passed by the Industrial Industrial Industrial Court, rejecting an application, moved by Court, rejecting an application, moved by Court, rejecting an application, moved by the the the Petitioner under Section 30(2) of the MRTU & PULP Petitioner under Section 30(2) of the MRTU & PULP Petitioner under Section 30(2) of the MRTU & PULP Act, has given rise for filing of the instant petition Act, has given rise for filing of the instant petition Act, has given rise for filing of the instant petition. 2. The case of the Petitioner before the 2. The case of the Petitioner before the 2. The case of the Petitioner before the Industrial Court was that the respondent No.1 has Industrial Court was that the respondent No.1 has Industrial Court was that the respondent No.1 has appointed respondent No.2 as Incharge Accounts Auditor appointed respondent No.2 as Incharge Accounts Auditor appointed respondent No.2 as Incharge Accounts Auditor and the same has constituted an unfair labour practice and the same has constituted an unfair labour practice and the same has constituted an unfair labour practice in terms of item No. 9 and 10 of Schedule 4 of the in terms of item No. 9 and 10 of Schedule 4 of the in terms of item No. 9 and 10 of Schedule 4 of the said Act. The interim application moved by the said Act. The interim application moved by the said Act. The interim application moved by the petitioner, seeking the promotion, pending the decision petitioner, seeking the promotion, pending the decision petitioner, seeking the promotion, pending the decision of the complaint has been rejected by the Industrial of the complaint has been rejected by the Industrial of the complaint has been rejected by the Industrial Court, by holding that the Petitioner has failed to Court, by holding that the Petitioner has failed to Court, by holding that the Petitioner has failed to make out a strong prima facie case. make out a strong prima facie case. make out a strong prima facie case. 3. perused the Order. The same calls for no 3. perused the Order. The same calls for no 3. perused the Order. The same calls for no interference. interference. interference. 4. The complaint is pending since 2005 and with a 4. The complaint is pending since 2005 and with a 4. The complaint is pending since 2005 and with a view to meet the ends of justice expeditious disposal view to meet the ends of justice expeditious disposal view to meet the ends of justice expeditious disposal of the main complaint by the Industrial Court is of the main complaint by the Industrial Court is of the main complaint by the Industrial Court is desirable. I hope and trust that the Industrial Court desirable. I hope and trust that the Industrial Court desirable. I hope and trust that the Industrial Court will decide the main complaint as expeditiously as will decide the main complaint as expeditiously as will decide the main complaint as expeditiously as possible and preferably within a period of six months possible and preferably within a period of six months possible and preferably within a period of six months from today. from today. from today. 5. In this view of the matter nothing survives in 5. In this view of the matter nothing survives in 5. In this view of the matter nothing survives in this petition, the Petition stands summarily disposed this petition, the Petition stands summarily disposed this petition, the Petition stands summarily disposed of. of. of. ..... [A.P.DESHPANDE, J.] [A.P.DESHPANDE, J.] [A.P.DESHPANDE, J.]