(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 755 OF 2011 1. The Chief Executive Officer, Maharashtra Rajya Khadi Gramodyog Mandal, Bhatiya Bal Rakshak Vidyalaya, 19/21, Manohardas Road, Fort, Mumbai 400 001. 2. Zilla Gramodyog Officer, Maharashtra Rajya Khadi Gramodyog .. Petitioners Mandal, Railway Station Road, (Original Aurangabad. respondents) versus 1. Mohammad Bhikan Shah, Age : 42 years, Occupation : Service, R/o. At Post : Ganori, Taluka : Phulambri, .. Respondents District : Aurangabad. (No.1 - Original Complainant) 2. The State of Maharashtra. ....................... Mr. U.B. Bondar, Advocate, for the petitioner. Mr. S.S. Jadhavar, Advocate, for respondent no.1 / caveator (Absent). (2) Mr. K.J. Ghute Patil, Assistant Government Pleader, for respondent no.2. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 2ND FEBRUARY 2011 COURT'S ORDER : 1. Mr. U.B. Bondar, learned Counsel appearing for the petitioners, relies upon Circular dated 19-11-2003 issued by the State Government and also upon judgment of the Hon. Apex Court reported at AIR 2006 SC 1806, in the case of Secretary, State of Karnataka and others Vs. Uma Devi and others, to urge that the respondent does not hold any post and hence the impugned order is without jurisdiction. 2. Mr. K.J. Ghute Patil, learned Assistant Government Pleader appearing for respondent no.2 / State, supports the arguments of the petitioner but then points out that the impugned order is only interlocutory order. 3. Perusal of the interlocutory order reveals that the Industrial Court has restrained the petitioner from terminating (3) services of respondent no.1 except in accordance with the provisions of law. It is, therefore, open to the petitioner to terminate the services. 4. However, upon request of the learned Counsel appearing for the petitioners, the proceedings in Complaint (ULP) No. 11/2008, pending on the file of Industrial Court, Aurangabad, are expedited. The Industrial Court shall attempt to decide the same at the earliest and in any case, within a period of nine months from the date of communication of this order. 5. The petition is accordingly disposed of. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp755