BHAUSAHEB TULSHIRAM SHINDE Vs. PRESIDENT, ADMINISTRATIVE COMMITTEE

JUDGEMENT

(1.) Rule, Rule made returnable forthwith. With the consent of the learned Counsel for the respective parties, taken up for final hearing.

(2.) This Court in Writ Petition No. 4693 of 2012 vide Judgment dated 21.8.2012 relying on the Judgment delivered by the Division Bench and the learned Single Judge of this Court in the case of Suryabhan Maruti Avhad v. Mahindra and Mahindra Ltd., so also The Dhule and Nandurbar Zilla Parishad v. Yuvraj Kalu Patil, delivered in L.P.A. No. 109 of 2012 and the Judgment of the learned Single Judge of this Court in the case of Maharashtra State Road Transport Corporation v. Abdul Usman Meboob Shaikh, 2000 87 FLR 656 has held that the Revision filed by party being aggrieved by the decision against the preliminary issue about the fairness of the enquiry under the M.R.T.U. and P.U.L.P. Act is maintainable.

(3.) In view of the above, the impugned Judgment and order is quashed and set aside. The Industrial Court shall decide the Revision afresh on its own merits after hearing the respective parties. The Writ Petition as such is disposed of, however with no order as to costs.