1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9958 OF 2010 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.: 9958 OF 2010 *** 1. Heard learned Advocate Mr. Sant for the Petitioner and learned counsel Mr. Prabhakaran for the Respondent. Advocate Mr. Sant states that because of view of learned Single Judge of this Court, Labour Court has taken the decision to keep proceedings under section 50 of M.R.T.U. & P.U.L.P. Act, 1971, in abeyance. He states that because of that view of this Court, he has preferred writ petition. 2. Advocate for the Respondent points out, in pending writ petition certain civil applications for recovery of wages are pending. He further states the petitioner never reported for duties after initial presence for two days. He has also urged that remedy of filing revision under section 44 of M.R.T.U. & P.U.L.P. Act is available to the Petitioner. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9958 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. The Labour Court has relied upon the view of learned Single Judge of this Court in the case of "Kishor S/o Bhikansingh Rajpur V/s Priti W/o Kishor Rajput" reported in 2007 (2) Mh.L.J. 481 to hold that this Court has expected the lower Court to keep its hands away when matter is pending before this Court. It is apparent that the view is in the facts of the said matter and no such law has been laid down therein. 4. However, only to avoid further complications, to see that the petitioner worker is not made to suffer, the impugned order is set aside. Labour Court is directed to examine his grievance on merits. The objection raised by Advocate Mr. Prabhakaran about his entitlement or effect of pending application on that entitlement can be looked into by that Court. 5. The respondent/ employer is at liberty to file appropriate reply in those 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9958 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. proceedings raising all available defence in the matter. The impugned order is accordingly quashed and set aside. The proceeding in Misc. Application (ULP) No.1 of 2010 on the file of Labour Court, Jalgaon to proceed further in accordance with law. Petition partly allowed in above terms. No costs. [B.P.DHARMADHIKARI, J.] Dated:25/01/2011. ans/9958