1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1108 OF 1991. Deputy Director, Social Forestry Division, Jalna, District Jalna. ... Petitioner. Versus 1. Kaduba S/o Daulat Raut, At & Post Avhana, Tq. Bhokardan, Dist. Jalna. 2. The Presiding Officer, Labour Court, Aurangabad. ... Respondents. ... Mr.P.K.Joshi, advocate for the petitioner. Mr.D.R.Kale, A.G.P. for the Respondent No.2. ... CORAM : V.R.KINGAONKAR,J. Date : 09.02.2010. ORAL JUDGMENT 1. By this petition, the petitioner impugns order rendered by the Industrial Court, granting interim relief to reinstate the 2 Respondent while considering the complaint (ULP) No.40/1990. 2. Heard learned counsel and learned A.G.P. 3. Though served, the Respondent No.1 failed to appear. 4. The contention of the petitioner is that the Respondent was only a daily wager. The Respondent was not employed and was not, therefore, worker under the scheme drawn by the Social Forestry Department. 5. The Respondent No.1 filed complaint (ULP) No.40/1990 alleging that the petitioner terminated his services without following due procedure and committed unfair labour practice. The learned Judge of the Labour Court by the impugned order dated 19.1.1990 on interim application filed by the Respondent No.1, granted stay to the termination order dated 7.12.1989 and directed reinstatement of the Respondent NO.1. 3 6. It is well settled that interim relief, which will amount to practically granting of the final relief, can not be granted. The Respondent No.1 was already out of employment, whether he was in the regular employment or daily wager, and, therefore, interim relief of reinstatement was uncalled for. The learned Labour Judge committed patent error while granting such interim relief. The impugned order dated 19.1.1990 is, therefore, perverse and unsustainable. In this view of the matter, the petition will have to be allowed. 7. In the result, the petition is allowed. The impugned order is set aside. Rule made absolute accordingly. No costs. (V.R.KINGAONKAR,J.) asp/office/wp110891