1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1719/2009 Madhao Laxmanrao Harkare ..vs.. Sudhir Shankar Suradkar --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Joshi, Advocate for applicant. Mr. Sambre, Advocate for non applicant. CORAM:- R. Y. GANOO, J. DATED:- 17 th AUGUST, 2009. 1. Heard. 2. Applicant approached the learned Judge, Labour Court, Akola by filing an application, namely Misc. Complaint U.L.P. No. 27/2007, praying that not providing pensionary benefits to the applicant amounts to violation of the order passed earlier by which applicant was granted status as permanent employee. That process came to be issued by order dated 28.05.2008 under the relevant provisions of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practice Act. Against that, revision was filed by present non applicant and the said 2 revision Revision U.L.P. No. 28/2008 ended in favour of non applicant pursuant to order dated 05.03.2009 passed by learned Member, Industrial Court, Akola. Against that order, the applicant has approached this Court. 3. As the matter was called out, learned Advocate for the applicant applied for withdrawal of this application with liberty to file petition against the employer of the applicant namely Dr. Punjabrao Deshmukh Krishi Vidyapeeth,Akola and sought permission to file appropriate proceeding for implementation of the orders already passed in favour of the applicant. He submitted that order passed in proceedings filed by applicant namely U.L.P. No. 27/2007, and order dated 05.03.2009 passed by the Member, Industrial Court, Akola in Revision U.L.P. No. 28/2008 should not come in his way. Hence, I pass the following order:- The application is allowed to be withdrawn with liberty as prayed for. The proceedings which have been initiated by the applicant before the learned Labour Court, 3 Akola and order dated 05.03.2009 referred to above shall not come in the way of the applicant to seek appropriate relief as mentioned aforesaid. The application stands disposed of accordingly. It is clarified that the Court has not expressed any views as to whether the applicant is entitled to have any pensionary benefits as claimed by him. JUDGE kahale