 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 3541/1999 Ms. Sandhya Vitthalrao Shinde ..vs.. Member, Industrial Court & another With Writ Petition No. 4654/2003 M.S.R.T.C. Nagpur ..vs.. Ms. Sandhya Vitthalrao Shinde & another -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Suresh Dhole, Advocate for petitioner/respondent no.1. Mr. A. M. Deshpande, Advocate for respondent no. 2/petitioner. Mr. C. N. Adgokar, A.G.P. for State. CORAM: J. H. BHATIA, J. DATED : 19 th MARCH, 2009 One petition is filed by Management and another is filed by employee. The employee was working with M.S.R.T.C. Nagpur from 17.01.1991 till 23.10.2000 as Telephone Operator on daily wages. From 24.10.2000, her services were terminated. On her complaint, the Labour Court directed her reinstatement with full back wages and the revision filed by the Management has been dismissed. Against that, the Management filed Writ Petition No. 4654/2003.The employee filed Writ Petition No. 3541/1999 seeking directions to regularise her services and absorb her on regular post. Learned counsel for the M.S.R.T.C has filed today an affidavit of one Mr. Sunil Kulkarni, Depot Manager, M.S.R.T.C at Nagpur wherein he has stated that initially, in  the month of March-2002, the PBX Board and instruments were deposited with the Department of Telecommunication as they were declared to be obsolete. He further submitted that the post of Telephone Operator was abolished with effect from 19.08.2004. According to the M.S.R.T.C., they do not have any post of Telephone Operator. In view of these circumstances, after taking instructions from their respective clients, learned counsel for the parties requested that both the petitions may be disposed of with consent by giving following directions:- (a) The M.S.R.T.C. shall pay 50% of the back wages from 24.10.2000 when services of Ms. Sandhya Shinde were terminated till 19.08.2004 when the post of Telephone Operator was abolished. The M.S.R.T.C. has already deposited an amount of Rs. 88,806/- with this Court as per Court's direction. That amount will be adjusted against back-wages and in case excess amount has been deposited, the same may be withdrawn by M.S.R.T.C. and in case the amount is not sufficient, deficit amount shall be deposited by the M.S.R.T.C. within two months from this date. The employee Ms. Sandhya Vitthalrao Shinde shall be allowed to withdraw the amount of back-wages.  (b) She is Graduate and subject to her passing examination of Marathi Typing 30 W.P.M., she shall be initially appointed as clerk on daily wages and as soon as there would be a clear vacancy of the post of Clerk, she shall be absorbed on that post without being required to compete with the candidates, who may apply for the post of Clerk from the open market. (c) The M.S.R.T.C. shall engage her on daily wages within three weeks from the date on which she produces certificate of having passed examination of Marathi Typing 30 W.P.M. (d) In view of above, the claim of petitioner Ms. Sandhya Shinde stands satisfied. Both the writ petitions stand disposed of with above directions. No order as to costs. JUDGE kahale