IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.1055 OF 2004 Nandakumar Pandurang Pawar. ...Petitioner. Vs. The General Manager, Indian Bank. ...Respondent. .... Ms.Kunda Samant with Mr. N. M. Ganguli for the Petitioner. Mr. Sudhir Dasgupta i/b. Chhaya Shah for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. October 13, 2006. P.C. The Petitioner worked as an employee in the Respondent-Bank at Mumbai between 28th January 1988 and 10th October 1998 as a peon in the Sub Staff Cadre. The Petitioner sought regularization in service and a reference was made to adjudication before the Industrial Tribunal. By an award dated 16th May 2002, the Tribunal allowed the reference and issued the following directions: “Action of the Management of Indian Bank, Mumbai by not regularising the service of Sh. Nand-Kumar Pawar is totally unjustified. Management Bank is directed to regularise the serivces of Nand-Kumar Pawar in the sub- staff cadre as per rules as and when vacancy arises.” The award of the Tribunal has not been challenged by the Bank before the Court. Ar the last hearing before the Court on 26th September 2006, Counsel appearing on behalf of the Respondent- Bank had sought an adjournment to take instructions and an adjournment was accordingly granted in view of the letter dated 19th September 2006 of the General Manager of the Bank stating that the matter would require consideration of his superiors in the Bank. During the course of the hearing, Counsel appearing on behalf of the Respondent-Bank has made a statement that the Bank would in compliance with the directions issued by the Tribunal, grant regularization to the Petitioner against the first available vacancy in the Sub Staff Cadre. In view of the statement which was thus made on behalf of the Respondent, Counsel appearing on behalf of the Petitioner fairly states before the Court that she has instructions not to press the petition. The statement is accepted. The petition is disposed of as not pressed. No order as to costs. ....