1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4926 OF 2005 IN WRIT PETITION NO. 253 OF 1999 Waman Trimbak Khonde ...Applicant VERSUS M.S.R.T.C., Aurangabad Divn., through Divisional Controller & anr. ...Respondents ..... Shri V.P.Latange, advocate for the applicant (orig.respondent) ..... Coram : Shrihari P. Davare, J. Dated : 15 th July, 2009. ORAL ORDER : 1 The applicant (original respondent) has preferred the present application requesting to fix up a date for final hearing of Writ Petition No. 253 of 1999 at the earliest. 2 2 It is the contention of the applicant that the respondents (original petitioners) herein have filed Writ Petition No. 253 of 1999 challenging the judgment and order passed by the Labour Court, Aurangabad dated 26.8.1996 in the complaint ULP No. 341 of 1988 and common judgment and order passed by the Industrial Court in Revision ULP Nos. 55 of 1996 and 3 of 1997 dated 20.8.1998. It is also submitted that Rule on interim relief was granted by this court vide order dated 18.1.1999. Hence, the applicant’s pensionary benefits have been held up by the respondents. It is further submitted that the applicant was 64 years old at the time of filing of the present application i.e. In the year 2005 and presently his age is about 68 years. It is also submitted that the applicant is suffering from various diseases of old age and, therefore, prayed that Writ Petition No. 253 of 1999 be heard expeditiously. 3 Heard Shri V.P.Latange,learned counsel for the applicant. He submits that a copy of the present application has been served on Shri A.R.Salve, advocate, however, he is absent. 4 Admittedly, Writ Petition No. 253 of 1999 is about 10 years old. The same is required to be taken up for final hearing at the earliest. Besides that, it is contended that the applicant’s age was 64 years at the time of filing of the present application i.e in 3 the year 2005 and presently his age is about 68 years and accordingly the applicant is a Senior citizen and, therefore, Writ Petition No. 253 of 1999 is also required to be taken up for final hearing at the earliest. Apart from that, interim relief was granted by this court in Writ Petition No. 253 of 1999 on 18.1.1999 and, therefore, it is submitted that the applicant’s pensionary benefits have been held up and the said aspect also cannot be overlooked. In the circumstances, present Civil Application deserves to be allowed and Writ Petition No.253 of 1999 is required to be fixed up for final hearing at the earliest in the interest of justice. 5 In the result, Civil Application No. 4926 of 2005 is allowed in terms of prayer clause ‘B’ and Writ Petition No. 253 of 1999 be fixed up for final hearing in the week commencing from 22.9.2009. Accordingly Civil Application stands disposed of. (Shrihari P. Davare, J.) dbm/ca4926.05