-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY WRIT PETITION NO.7856 OF 2008 WRIT PETITION NO.7856 OF 2008 WRIT PETITION NO.7856 OF 2008 Maharashtra State Electric City Distribution Company Ltd and Anr. .. Petitioners. Vs Shri Laxman Jaganath Babar and Anr. .. Respondents Mr Ashok B Tajane, for the petitioners. Mr M.S.Topkar for respondent no.1. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 19.03.09. DATE : 19.03.09. DATE : 19.03.09. PC: PC: PC: 1. Heard learned counsel for the parties. 2. By this writ petition, the petitioners have challenged the Judgment and order dated 9.6.2008 passed by the Industrial Court, Satara, in Revision Application (ULP) No.94 of 2007. The Industrial Court allowed the said Revision Application and set aside the order dated 11.12.2007 passed by the Labour Court and further directed not to terminate the services of respondent no.1 during pendency of the proceedings before the Labour Court. By order dated 11.12.2007, the Labour Court had rejected the application filed by respondent no.1 at Exhibit-2. By that application, respondent no.1 had prayed for direction to the petitioners not to terminate his services in pursuance of the show cause notice dated 17.11.2007 until final -2- decision of the main complaint. Admittedly, respondent no.1 is under suspension. Keeping that in view and considering the Judgment of this Court in Omkar Sitaram Rane Vs. Maharashtra State Khadi and Village Industries Board, Bombay and ors, 2003 I CLR 560, I am not inclined to entertain this petition. It is open to the petitioners to lead evidence in the court to prove misconduct against respondent no.1-employee provided they make such request for an opportunity at a proper stage. Keeping such liberty to the petitioners open, seeking permission to lead evidence to prove misconduct, this petition is disposed of. The Labour Court shall decide the case expeditiously. All contentions of the parties including the question of jurisdiction are kept open. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)