1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3225 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 3225 OF 2011 *** 1. Heard Advocate Shri Ghayal for the Petitioner. He contends that petitioners before this Court were appointed on the post of Traffic Controllers on probation and, therefore, clause 57 of the Settlement dated 16th October, 1999 at Annexure-K with the petition protects them. He further contends that all those who cleared departmental examination conducted in 2008 have already be absorbed and still there are vacancies available and petitioners are being continued against the same. 2. The learned Member, Industrial Court has rightly appreciated the controversy. Petitioners have been promoted on adhoc basis. They had not cleared departmental examination and hence there is no question of putting them on probation. Clause 57 of Annexure-K speaks of probation and period of probation on its extension. The deemed 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3225 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. confirmation therein is, therefore, not relevant in present situation. 3. The learned Member of Industrial Court has rightly found that other niceties pertain to consideration of controversy on merits, and were not relevant at the stage of grant of temporary relief. 4. In view of the contention of petitioners, that even today there are vacancies, it is apparent that it is for their employer to find out whether they need petitioners to officiate on that post or not but then the proceeding before the Industrial Court are expedited and learned Member of Industrial Court shall attempt to decide the controversy on merits at the earliest. With these observations, petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:26/04/2011. ans/3225