(1) WP 11742.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11742 OF 2010 The Chief Executive Officer, Osmanabad Janta Sahakari Bank Ltd. PETITIONER VERSUS Lahu Baliram Bhosale RESPONDENT ..... Mr. A.N. Irpatgire, Advocate for the Petitioner. Mr. A.V. Patil, Advocate for the respondent. ..... CORAM : B.P. DHARMADHIKARI, J. DATED : 10TH MARCH, 2011 ORAL ORDER:- 1. After hearing the parties on last occasion, this Court taking into consideration the fact that the petitioner is a Multi State Co-operative Society, adjourned the matter to find out whether it can during pendency of complaint provide work to respondent. 2. Today upon instructions, Shri Irpatgire learned counsel states that such providing of work is not possible. He however points out that in earlier proceedings, Labour Court has granted interim relief (2) WP 11742.2010 to employee by name Pralhad Choudhari and ultimately, the Apex Court while keeping that order in abeyance directed Labour Court to decide U.L.P. complaint within time frame. According to him, present U.L.P. complaint is for recording of evidence and hence same course of action can be followed. Shri Patil for respondent points out that ultimately Labour Court has allowed U.L.P. complaint filed by said Pralhad Choudhari and he was directed to be reinstated with full backwages. He wants to show this Court on merits, that there is no misconduct as required. 3. I am not inclined to go into the said aspect at this stage. Both the Courts are in favour of the respondent and as already pointed out to this Court, U.L.P. complaint filed by Pralhad Choudhari is also ultimately allowed by Labour Court. In this situation, interest of justice can be met with by directing petitioner to treat respondent as under suspension from 12.1.2010 and to pay him subsistence allowance accordingly since then during pendency of complaint. The proceedings in U.L.P. complaint no. 100 of 2004 before Labour Court at Latur are (3) WP 11742.2010 expedited and that U.L.P. complaint is directed to be decided as early as possible and in any case, within a period of six (6) months from the date of communication of this order to it, subject to such payment. 4. The arrears of subsistence allowance from 12.1.2010 till 31.3.2011 shall be paid to respondent by petitioners by 13th April, 2011 and the subsistence allowance for month of April, 2011 shall then be paid by 7th May, 2011. Thereafter accordingly by 7th day of each next month, the subsistence allowance of preceding month will be paid by petitioners to respondent before the Labour Court. The Labour Court shall proceed to decide the complaint expeditiously only if arrears are deposited by 13th April, 2011. With these directions, the Writ Petition is disposed of. No costs. Sd/- [B.P. DHARMADHIKARI, J.] arp