1 wp 7232.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7232 OF 2011 Tukaram Keshav Pattiwale .. Petitioner Versus The Aurangabad District Sahakari Dudh Utpadak Sangh Jalna Road Aurangabad through Managing Direcotr .. Respondent Shri P. S. Pawar, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 21ST SEPTEMBER, 2011. PER COURT : . The present petitioner had filed a complaint ULP before the Labour Court. The Labour Court partly allowed the complaint, directed reinstatement with continuity but without backwages. The respondent preferred revision before the Industrial Court along with an application for stay of the judgment of the Labour Court. The Industrial Court allowed the said application and stayed the judgment and order of the Labour Court. Aggrieved thereby the present petition is filed. 2 wp 7232.11 2. Shri Pawar, the learned counsel for the petitioner submits that the Labour Court has not awarded the backwages and only reinstatement was granted. The petitioner is out of service for six years and is facing hardship. In view of the fact that the backwages are not granted, Industrial Court ought not have stayed the judgment of the Labour Court. Even the Industrial Court has observed that the matter cannot be decided at the earliest as there is huge pendency. The learned counsel submits that the petitioner is facing starvation and when on merits the Labour Court has passed the order the same should not have been stayed. 3. The revision is pending for final disposal with the Industrial Court. The Industrial Court has observed that it would take time to decide the revision on merits as there is huge pendency of old matters. The Industrial Court is also required to take into consideration the fact that the petitioner is out of service for six years and he is also not awarded backwages. The discretion has been exercised by the Industrial Court in granting stay. The same need not to be interfered in the writ jurisdiction of this Court. However, taking into consideration the fact that the Labour Court has passed the order of reinstatement without 3 wp 7232.11 backwages and the petitioner is out of service for six years, he Industrial Court shall decide the said revision on its own mer ts as early as possible and preferably within a period of six mon hs from today. The writ petition is accordingly disposed of, how ver, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11