1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1718/2011 (Punjab S. Kurhekar & others VERSUS M.S.E. Distribution Co. Ltd. & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.M. Upadhye, counsel for the petitioners. Mrs. U.A. Patil, counsel for the R-1 & 2. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 8 , 2011 . By this petition, the petitioners impugn the order passed by the Industrial Court, Amravati on 17.03.2011 rejecting an application filed by the petitioners for grant of interim relief under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The petitioners filed a complaint before the Industrial Court, Amravati challenging the common order dated 26.02.2010 on the ground that by the said order, the petitioners were being posted at different places under the garb of absorption. According to the respondents, the common order dated 26.02.2010 was issued so as to regularize the services of the petitioners, who were working as Supernumerary Line Helpers, on the post of Junior Technicians. It was the case of the respondents that the order dated 26.02.2010 was passed only with a view to absorb the petitioners, who were working as Supernumerary Line Helpers on the post of Junior Technicians. 2 On an appreciation of the documents on record, the Industrial Court, Amravati, by the impugned order dated 17.03.2011, rightly rejected the application filed by the petitioners. The Industrial Court observed that by the order dated 26.02.2010, the petitioners and the other persons were ordered to be posted at different places as Junior Technicians. The Industrial Court further observed that the documents dated 14.12.2009 showed that the respondents intended to regularize the services of the Supernumerary Line Helpers and the letter dated 18.12.2009 further showed that the 26 Supernumerary Assistants were to be absorbed on regular basis as Junior Technicians as per the seniority and were to be placed at Morshi. The Industrial Court prima facie found that this was a case of regularization of the petitioners and it was prima facie not a case of demotion of the petitioners. The Court further found that the order passed by the respondent no.1 on 26.02.2010 was indeed beneficial to the petitioners and in case, they were retained at the place where they were serving, they could have been declared as surplus. The Court found that with a view to avoid complications, it was necessary to reject the application filed by the petitioners. The order passed by the Industrial Court on 17.03.2011 does not suffer from any error so as to interfere with the same in exercise of the writ jurisdiction. Hence, the writ petition is dismissed with no order as to costs. Shri Upadhye, the learned counsel for the petitioners, seeks a stay to the order passed by the respondent no.1 on 26.02.2010 for a period of Eight Days, as a status quo was operating in favour of the petitioners, till today. 3 Mrs. Patil, the learned counsel for the respondents, strongly opposes the prayer made by the learned counsel for the petitioners. However, since the order dated 26.02.2010 has not been implemented till today and a status quo was operating in favour of the petitioners till today, it would be necessary to direct the parties to maintain status quo for a period of seven days. The parties are directed to maintain status quo till 18.04.2011. JUDGE APTE