(Abhay Manohar Sapre and Uday Umesh Lalit, JJ.)
Kum. Pushpa Ramdas Zatake __________________________ Appellant
v.
The Divisional Controller, Maharashtra State Road Transport Corporation _______________________________________ Respondent
Civil Appeal No. 6171 of 2018 [Arising out of SLP (C) No. 22618/2017], decided on July 9, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. Having heard learned counsel for the parties and having perused the record of the case, we are inclined to set aside that part of the order which gives direction to the labour court to decide the matter afresh on merits.
3. In our opinion, such direction to remand the case to the labour court in the facts of this case was not called for.
4. It is not in dispute that the appellant was reinstated in service pursuant to the original order of the labour court and she has been working on the post since last eighteen years.
5. In the light of these admitted factual scenario appearing in the case, we consider it just and proper to give quietus to the case.
6. In these circumstances, we direct that the appellant would not be entitled to claim any backwages from the respondents and nor the respondents would be entitled to pass any adverse order against the petitioner insofar as the charge in question is concerned.
7. With this modification in the impugned order, this appeal stands disposed of.
Petition(s) for Special Leave to Appeal (C) No(s). 22618/2017
Kum. Pushpa Ramdas Zatake _________________________ Petitioner
v.
The Divisional Controller, Maharashtra State Road Transport Corporation _______________________________________ Respondent
(FOR ADMISSION and I.R. and IA No. 82350/2017-EXEMPTION FROM FILING O.T.)
Date: 09-07-2018 This petition was called on for hearing today.
(Before Abhay Manohar Sapre and Uday Umesh Lalit, JJ.)
For Petitioner(s) Mr. Uday B. Dube, AOR
For Respondent(s) Mr. Saurabh Mishra, AOR
Mr. J.N. Singh, Adv.
Mrs. S.J. Singh, Adv.
Mr. Manish K. Gupta, Adv.
Mr. Yashdeep Deshmukh, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeal is disposed of in terms of the signed order.
10. Pending applications, if any, stand disposed of.
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