1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR LETTERS PATENT APPEAL NO: 133/2007 IN W.P.NO: 4501/2004 (Deepak D.Malode vs. Conservator of Forests and another ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. Mr. G N Khanzode, Adv. for appellant CORAM: A.P. DESHPANDE & R.C.CHAVAN, JJ. DATED: 09th January, 2008. *** Heard. 2. The petitioner was working as a Casual Labourer/Watchman with the Conservator of Forests. The services of the appellant came to be terminated in the year 1992 ; hence he filed a Complaint under sec. 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, contending that his termination is an unfair labour practice. The appellant did not make any averment in the complaint that the respondent is an “industry” much less, establishing the 2 said fact in the proceedings. The complaint came to be dismissed on the ground that in the absence of averments about 'industry' being in the complaint, the Labour Court does not and cannot assume jurisdiction to decide the complaint. 3. Aggrieved by the order passed by the Labour Court, Revision under sec. 44 came to be filed and after dismissal of revision, filed Writ Petition before learned single Judge of this Court. Placing heavy reliance on the judgment reported in 2006 (5) Mh.L.J . 338 ( State vs. Presiding Officer, Industrial Court and others, the Writ Petition also came to be dismissed and, thus, this LPA is filed. Perused the impugned order. The same does not call for any interference . 3. Learned counsel for the appellant has invited our attention to a communication dated 19th August, 2006 issued by the Joint Secretary, Revenue and Forests Department of the State of Maharashtra to the Principal Conservator of Forests. On the basis of the said 3 communication, it is contended that there is a scheme in contemplation to be framed the State Government to grant regularization to the ad-hoc appointees who have put in given number of years service. It is submitted that under interim orders, the petitioner is still continuing in service. Though we are not inclined to entertain the appeal, we make it clear that if and in case the Government formulates the scheme for regularization of the services of the ad-hoc temporary employees, such as the appellant, and if the appellant satisfies the criteria so laid bown under the Scheme which is said to be in contemplation, the case of the appellant shall be considered at the touchstone of the said scheme, if formulated and brought into force. 4. Appeal is dismissed. JUDGE JUDGE sahare