1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.8795/2007 IN WRIT PETITION NO. 3474 OF 2005 (State of Maharashtra and others .v. Vijay Dayaram Mankar) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Smt. T.D. Khade, AGP for the petitioners. Shri N.N. Motghare, Advocate for the respondent/applicant. CORAM : B.R. GAVAI, J. 14TH FEBRUARY, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By way of present Civil Application, the applicant/respondent seeks stay to the proceedings of the advertisement dated 25th October, 2007 issued for filling of the post of Class-D in the Agricultural Department. The present petition has been filed by the State challenging the order of the learned Industrial Court dated 28th July, 2004, vide which the respondent (writ petitioner herein) had been directed to take affirmative action to make the complainant (respondent herein) as permanent labour. This Court vide order dated 19th September, 2005 has granted stay to the payment of back wages 2 only. The learned Counsel appearing on behalf of the respondent/applicant submits that if the process for filling of the post of Class-D in pursuance of the advertisement is permitted to be proceeded with, the applicant would be deprived of his right of permanency. It is, therefore, submitted that it is in the interest of justice, one post for the respondent/applicant be directed to be kept reserved. I find that if the present petition filed by the State fails, the State would be bound by the order passed by the learned Industrial Court and grant benefit to the respondent/complainant as per the order of the learned Industrial Court dated 28th July, 2004. In that view of the matter, I am not inclined to entertain the present Civil Application. The Civil Application is, therefore, rejected. In so far as the prayer for early hearing is concerned, the present respondent would be at liberty to renew the request in the month of June, 2008. JUDGE *rrg.