MADHUKAR S/O NARAYAN LALE Vs. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH ITS DIVISIONAL CONTROLLER

JUDGEMENT

(1.) Rule. Heard forthwith by consent of learned counsel for the parties. Heard Mr.Jagdale for the petitioner and Mr.Wankhede for the respondent.

(2.) An order made by the Industrial Court issuing blanket stay order on application (Ex.2) in pending Revision Application (ULP) No.1/08 is under challenge in this writ petition. The Labour Court while deciding the application (Ex.2) in Complaint (ULP) No. 28/07 had allowed time to file reply to the show cause notice and further allowed time to the petitioner to challenge the said dismissal order in the same complaint and that the termination shall not take effect. Both the orders made by the Industrial Court as well as Labour Court are faulty.

(3.) Having heard the learned counsel for the parties, I find that there was no cause or reason for the Labour Court to allow the petitioner to agitate about the termination, if any, after consideration of his explanation upon the show cause notice as thereafter it would be a fresh cause of action. The Industrial Court also made error by staying the order of the Labour Court in its entirety.