: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8687 OF 2009 Umrao Balasaheb Kamlakar .. Petitioner V/s. President, Shri Narayan Babasaheb Education Society & Ors. .. Respondents Mr. V.V. Pai i/b. Mr. M.B. Gawade for the Petitioner. Mr. M.S. Topkar for Respondent Nos.1 & 2. Mr. A.P. Vanarse, AGP, for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATED : 12 TH JULY, 2010. P.C.: 1. The petitioner is aggrieved by the interim order dated 16th September, 2009, passed by the Industrial Court, Kolhapur, in Complaint (ULP) No. 150 of 2009, rejecting his application for interim relief. 2. The petitioner contends that in an earlier complaint, the Industrial Court had directed that he should be continued in service till the employer obtains approval from respondent No.3 or the respondent No.1 recruits an alternative hand by following the due process of law. The Industrial : 2 : Court has directed that in the event the respondent No.1 obtains a fresh hand, it would have liberty to dispense with the services of the applicant, i.e. the petitioner herein, and not otherwise, after following the due process of law. 3. Admittedly, the petitioner is still in service. The petitioner contends that by issuing an advertisement, the respondent No.1 is seeking to recruit a new hand and, therefore, the advertisement should be set aside. 4. In my opinion, this cannot be done as the advertisement has been issued pursuant to the order of the Industrial Court dated 28th November, 2008. Furthermore, according to Mr. Topkar appearing for respondent Nos.1 and 2, somebody has already been recruited by respondent Nos.1 and 2. 5. In view of the above, the learned Advocate for the petitioner seeks leave to withdraw this Writ Petition. 6. The Writ Petition is allowed to be withdrawn and dismissed as such.