1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8217 OF 2009 1. The Chairman, Agricultural Produce Market Committee, Market Yard, Latur, Dist. Latur. 2. The Secretary, Agricultural Produce Market Committee, Market Yard, Latur, Dist. Lature ....Petitioners. Versus 1. Sachin s/o. Baburao Gaikwad Age 25 yrs., Occu. Labour, R/o. Anandnagar, Latur. 2. Dayanand s/o. Ambadas Kamble (Deleted as per the Order of the Court dated 7.12.2009) ....Respondents. Shri. B.N. Patil, Advocate for the petitioners. Shri. A.N. Irpatgire, Advocate for the respondent No. 1. CORAM : R.M. BORDE, J. DATE : 31st March, 2010 ORAL JUDGMENT : 1. Heard respective counsel appearing for parties. 2 2. Rule. With the consent of parties petition is taken up for final disposal at the the stage of admission. 3. By way of interim order passed on 26th of February 2009, the learned Member of the Industrial Court Solapur, incharge Court at Latur directed the employer to consider the case of the complainant/ respondent herein for appointment on compassionate ground during the pendency of the main petition. The prayer made by the complainant No. 2 has been turned down whereas the Industrial Court was pleased to direct the employer to consider the prayer made by the complainant No. 1 in respect of appointing him on compassionate ground during the pendency of complaint. The final relief claimed in the complaint is in respect of making appointment of the complainant in the establishment on compassionate ground. The interim order passed by the learned Member of the Industrial Court is in the nature of final relief as requested by the complainant in the main complaint. In the facts and circumstances of the case, it is not appropriate to issue such directions at an interlocutory stage before taking up the main complaint for consideration. The final relief is required to be granted on consideration of the relevant material that would be placed by the complainant before the Court. In my opinion, powers exercised by the learned Member of the Industrial Court in directing the employer to consider the case of the complainant for appointing him on compassionate ground during the pendency of main complaint is in excess of jurisdiction. The impugned 3 order passed by the Industrial Court deserves to be quashed and set aside. 4. In the circumstances, the writ petition is allowed. The order passed by the learned Member of the Industrial Court on 26.2.2009 below U-2 in application No. 3/2009 is quashed and set aside. The learned Member of the Industrial Court is, however, directed to dispose of the pending complaint as expeditiously as possible preferably by the end of December 2010. Rule is accordingly made absolute. In the facts and circumstances mentioned above, there shall be no order as to costs. [ R.M. BORDE, J. ] ssc/wp8217.09