1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5604 OF 2009 Chief Engineer, High Tension Transmission Division & Ors. ....Petitioners V/s. Shital R. Suradkar & Ors. ....Respondents Ms.A.R.S. Baxi for the Petitioners. Mr.Chetan Damre i/b Mr.S.K. Shinde for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATE : 10TH MARCH, 2010. P.C. :- 1. By an order dated 7.1.2010, fresh notice was directed to be issued to the Respondents, returnable after six weeks and the notice was to state that the matter may be disposed of finally at the admission stage. The notice has been issued. Respondent No.1 continued to remain absent. 2. Rule. By consent Rule is made returnable and heard forthwith. 3. The Petitioners have challenged the order of the Industrial Court, Nashik holding that the Petitioners have indulged in unfair labour practice and directing the Petitioners to provide a suitable job to the Complainant i.e. Respondent No.1 on compassionate ground within a period of one month as per her qualification. 4. The impugned order does not take into consideration all the facts and circumstances necessary for passing such an order. I proceed on 2 the basis that Respondent No.1 was entitled to a job on compassionate basis. However, her actual appointment would depend on various facts and circumstances including availability of a suitable post and her position in the waiting list. At the highest, the Industrial Court could therefore have passed an order directing the Petitioners to consider Respondent No.1 for compassionate appointment. There is nothing on record which suggests that the Petitioners had refused to even validly consider granting Respondent No.1 a job on compassionate basis. 5. The Petitioners have in fact fairly stated that they are now in a position to grant compassionate appointment to Respondent No.1 as per her qualification. This statement is accepted. In view thereof, the grievance of Respondent No.1 in any event stands fully redressed. 6. In the circumstances, the Writ Petition is disposed of by the following order :- i). The impugned order is set-aside. ii). The Petitioners’ statement that Respondent No.1 shall be appointed on compassionate basis as per her qualification on or before 30.4.2010 is accepted. It is so ordered. iii) The statement on behalf of the other Respondents that they have no objection to the appointment of Respondent No.1 is noted. There shall be no order as to costs.