-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 581 OF 2008 Indian Pilots Guild ....Petitioner versus The Union of India ...Respondent Mr. Abhay Kulkarni for the petitioner. Mr. Rajendra Raghuvanshi, Additional Solicitor General, with Mr. S.C. Pal, instructed by Dr.T.C. Kaushik for the respondent. CORAM: P.B. MAJMUDAR & A.A. SAYED, JJ. DATE: JULY 30, 2008. P.C. By filing this petition, the petitioner has prayed that the respondent should expedite the procedure of appointing Presiding Officer of the Industrial Court, who is also the Presiding Officer of the National Industrial Tribunal. The grievance of the petitioner is that the post in question is lying vacant since considerable period and the petitioner and other similarly situated persons are finding it difficult to agitate their grievances before the appropriate forum for want of Presiding Officer. It is submitted that appropriate direction may be given directing the respondent- Union of India to make such appointment immediately, without any further delay. 2. We find substance in the grievance of the petitioner. However, -2- this petition has not been taken by the respondent as an adversary litigation. On the contrary, Mr. Raghuvanshi, the learned Additional Solicitor General , has fairly stated that all attempts had been made to fill up the post in question. He, however, submited that a prescribed procedure is required to be undertaken. As regards the appointment of Presiding Officer, the matter is required to be sent to the Central Cabinet Committee for such appointment. He submitted that such an attempt would be made at the earliest in order to avoid hardship to the petitioner and other litigants in this behalf. 3. We have heard the learned counsel for the parties. It may be true that some procedure might be required to be undertaken before making such appointment. However, such procedure should be undertaken in advance before the incumbent is to retire so that such posts are not required to be kept vacant indefinitely. The learned Additional Solicitor General further submits that the earlier incumbent on the post, Justice M.G. Gaikwad gave resignation suddenly and, therefore, the delay has occurred. In the instant case, there may be justification for not making immediate appointment but now it is high time that the post should be filled in. 4. Under these circumstances, while disposing of this petition, we direct the respondents to make appointment on the post in question at the -3- earlist and latest within two months from today without any further delay. We hope that the respondent will take appropriate steps to see that the post in question is not required to be kept vacant for a longer period. The learned Additional Solicitor General has assured the Court that all attempts will be made to see that the appointment is made within the stipulated time as ordered by this Court. 5. In view of what is stated above, the petition is disposed of. The learned Additional Solicitor General to communicate this order to the concerned authorities immediately so that attempts can be made for filling up of the post in question. If the appointment is not made within the stipulated period, it will be open for the petitioner to revive this petition. P. B. MAJMUDAR, J. A.A. SAYED, J.