1 wp-614-07-caw-1574-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 614 OF 2007 WITH C.A.NO. 1574 OF 2009 IN W.P.NO.614 OF 2007 Navi Mumbai Mahanagarpalika Transport Service & Anr. ..Petitioners Vs. Sachin Sharad Kamble ..Respondent .... Mr. Sandesh Deshpande and Kiran D.Sakare Adv. for Petitioners Mr. Rahul D.Oak Adv.for Respondent. .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 25, 2009 P.C.: 1. The Respondent was working as an Assistant Traffic Inspector in the Mumbai Mahanagar Palika Transport Services. He filed Complaint (ULP) NO. 72 of 2006 under Items 5, 7 and 9 of Schedule IV of the MRTU and PULP Act and he prayed for directions to the Petitioner to promote him as a Traffic Inspector on and from 20.12.2005. By order 2 wp-614-07-caw-1574-09 dated 7.10.2006, the Industrial Court Thane allowed the complaint and inter alia directed the Petitioner Undertaking to give promotion to the complainant i.e. the present Respondent to the post of Traffic Inspector with effect from 20.12.2005. Being aggrieved thereby, this petition has been preferred by the Petitioner-Undertaking. 2. During the pendency of this petition, Respondent has preferred Civil Application No. 1574 of 2009 seeking directions to the Petitioner- Undertaking to promote him to the post of Traffic Inspector with effect from 20.12.2005 and to give him all consequential benefits. 3. It may be stated here that during the pendency of the petition before this Court, the Petitioner filed Pursis dated 12.2.2007 wherein it is stated that “The Petitioners state that as per the suspension letter dated 13.12.2005 issued to the Respondent i.e. Shri.Sachin Sharad Kamble, Departmental Enquiry is initiated and the same is pending. The promotion of the Respondent Shri. Sachin Sharad Kamble will be considered as and when the Departmental Enquiry comes to an end. If the Respondent is not found guilty in the said Departmental Enquiry, we will promote the Respondent from 20.12.2005 and grant him all the consequential benefits. ” 4. It is an admitted fact that Departmental Enquiry has come to an end and from the order dated 5.12.2005 it is clear that charges have not been proved against the Respondent Sachin Kamble. In view of the 3 wp-614-07-caw-1574-09 Pursis filed by the Petitioners that if Mr.Kamble is not found guilty in the Departmental Enquiry, they will promote him from 20.12.2005 and grant him all the consequential benefits, the learned counsel for the Respondent states that Petitioner would have to abide by the Pursis which they have filed before this Court on 12.2.2007, hence, learned counsel for the Petitioner-Undertaking states that they will abide by the Pursis given by them to the Court and they will promote the Respondent as Traffic Inspector with effect from 20.12.2005 and grant him all consequential benefits. The same be done by 31.10.2009. 5. Writ Petition and Civil Application are disposed of in above terms. [ SMT.V.K.TAHILRAMANI,J.]