-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4100 OF 2008 Sharad Sabaji Ghaytadke and others ... Petitioners versus The Director, Directorate of Medical Education and Research and others. ... Respondents Mr. R.D. Bhat for the petitioners. Mr. R.M. Patne, AGP, for the respondents. Dr.A.V. Kulkarni, Superintendent, G.P. Hospital, present. CORAM: P.B. MAJMUDAR, J. DATE: JULY 23, 2008. P.C. This petition is directed against an interim order of the Industrial Court, Mumbai, dated 29th March, 2008, below Exhibit U-2. The petitioners are the original complainants in Complaint (ULP) No. 94 of 2008, which is pending before the Industrial Court, Maharashtra, Mumbai. The case of the petitioners is that they are serving with the respondent as badli workers since more than ten years. 2. It is the case of the petitioners that their claim was originally adjudicated by the Industrial Court, Mumbai, in Complaint (ULP) No. 567 of 2003 by which the Industrial Court had directed that the badli work should be -2- provided to the complainants till they are absorbed in the permanent employment as per the seniority and the department was also directed to make endeavour to get the approval from the appropriate Government. The grievance of the complainants in the complaint is that even though permanent post is available, the juniors to the complainants are tried to be absorbed on permanent posts by bypassing the claim of the petitioners who are senior in the seniority list of badli workers. The main complaint is still pending adjudication in which the present petitioners preferred an interim application for injunction with a prayer that the respondents may be directed not to make direct appointment on the posts in question. The Tribunal found that the interim order of such nature cannot be given by restraining the department from making any appointment from outside persons as per the advertisement. 3. During the course of hearing, Mr. Patne, the learned Assistant Government Pleader, after taking instructions from the Superintendent, G.T. Hospital, who is present in Court, has submitted that the badli list is also going to be operated simultaneously. He further submitted that some posts are reserved for the badli workers and from the said list the appointments would be made. He submitted that those badli workers who are otherwise eligible for being appointed, shall be appointed without any delay. It is submitted that presently seven posts are earmarked for the purpose of appointing eligible persons from the badli list. It is submitted that the -3- appointment will be made as per the seniority list. Considering the said statement of the learned Assistant Government Pleader, the learned counsel for the petitioners submitted that the petitioners are not pressing this petition as the same is filed at an interlocutory stage. In view of his statement, the petition is disposed of as withdrawn. 4. The department may expedite the process of operating the badli list without any delay and if any approval of the appropriate Government is required, the same be taken without delay so that the process is not further delayed in operating the list of badli workers. P.B. MAJMUDAR, J.