1 wp 5926.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5926 OF 2009 The Chief Executive Officer, Zilla Parishad, Jalgaon and another .. Petitioners Versus Kokilabai Subhash Patil and another .. Respondents Shri N. B. Suryawanshi, Advocate for Petitioners. Shri M. M. Bhokarikar, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 27TH JULY, 2011. PER COURT : . The present petition is filed aggrieved by the order passed by the Member, Industrial Court, Jalgaon whereby the judgment of the Labour Court was set aside and the Labour Court was directed to decide the complaint afresh after giving an opportunity to both the parties. 2. Shri Suryawanshi, the learned counsel submits that the Industrial Court failed to consider that inspite of several 2 wp 5926.09 opportunities and chances given to the respondent No. 1 to improve her conduct she continued the same and as such was relieved from the honorary post of Anganwadi Sevika. The Labour Court had considered all aspects of the case and decided the said complaint. There was no necessity for the Industrial Court to interfere in the said judgment. The respondent No. 1 being temporary and was appointed on honorary post could be removed simplicitor without holding any inquiry. 3. Shri Bhokarikar, the learned counsel for the respondent No. 1 submits that, the Industrial Court has taken into consideration the total conspectus of the matter and had remanded the matter back for deciding it afresh by the Labour Court. The Industrial Court has observed that the Labour Court has not observed the facts and circumstances on record. The learned counsel further submits that after the order was passed by the Industrial Court remanding the matter to the Labour Court, the further proceedings are conducted by the Labour Court and the matter was at the final stage of judgment and, thereafter, the present petition came to be filed. 4. Taking into account the fact that the Industrial Court has 3 wp 5926.09 remanded the matter back to the Labour Court and has directed the Labour Court to consider all the facts and circumstances on record and further taking into account the fact that after the matter was remanded to the Labour Court, the Labour Court has proceeded with the matter and the matter has reached the stage of delivery of judgment, I am not inclined to dilate on the merits of the matter. As such, the writ petition is dismissed, however, with no order as to costs. The Rule is discharged. Interim relief stands vacated. [ S. V. GANGAPURWALA, J. ] bsb/July 11