1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO: 1057/2009 IN Writ Petition No. 356 /2009 (Pandharkawada Sah. Shetki Kharedi Vikri Sangh Yavatmal vs. Industrial Court, Yavatmal and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S P Palshikar , Advocate for petitioner Shri M I Dhatrak, , Adv. for Respondent No.2 CORAM : SMT. VASANTI A. NAIK, J. DATE D : 2nd July , 2009 . 1. Heard learned counsel for the respective parties. 2. By this Civil Application, the applicant seeks vacation of interim relief granted by this Court on 20.2.2009. Learned counsel for the applicant took this Court through the judgment passed by the Labour Court to show that the applicant was not afforded an opportunity in the enquiry conducted against him and the same was also not fair. The said aspect can be considered at the time of final hearing of this Writ Petition as this Court has already issued Rule in the matter and granted interim stay in terms of prayer clause (2). This Court has observed that the petitioner-Sangh has a strong prima facie case in view of the fact that the respondent/applicant had admitted that he had faced the enquiry and had not cross-examined the witnesses of the petitioner-Sangh. This is a material fact which weighed with this Court while granting interim stay in terms of prayer clause (2). The stay granted by this Court on 20.2.2009 needs to be continued during the pendency of 2 the petition as the petitioner has made out a prima facie case. 3. Civil Application is, therefore, rejected and disposed of. The matter may, however, be listed for final hearing on 3 rd August, 2009 . JUDGE sahare