k 1/2 20 wp 15173.23 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15173 OF 2023 Divisional Controller Maharashtra State Road Transport Corporation & Anr. ....Petitioners V/S Deepak Thakaji Navale & Anr. ....Respondents _________ Mr. Prathmesh Mandlik i/b Mr. Dhananjay D. Rananaware for the Petitioners. Mr. K.N. Shermale for Respondents. __________ CORAM : SANDEEP V. MARNE, J. DATE : 20 AUGUST 2026. P.C.: 1. By this Petition, Petitioner-Maharashtra State Road Transport Corporation (MSRTC) has challenged the judgment and order dated 3 March 2021 passed by the Industrial Court, Thane, by which order dated 9 October 2015 of pay fixation of Respondent No.1 has been set aside and Petitioners are directed to re-fix the pay scale of Respondent Nos.1 and 2 in the post of Artisan, category A. When the present Petition came up on 16 June 2025 following order was passed: “1. Heard Mr. Rananaware, learned Advocate for Petitioner and Mr. Shermale, learned Advocate for Respondent. 2. Impugned order records a decision passed by the Industrial Court Latur in similar circumstances wherein workers having completed 5 years of service in the earlier cadre have been absorbed in the meantime by way of direct selection process have joined the posts of Artisan category A with the katkam Page No. 1 of 2 2026:BHC-AS:34473 k 2/2 20 wp 15173.23 as.doc Respondent Corporation and this decision has not been challenged by the MSRTC. In that view of the matter, learned Advocate for MSRTC would persuade the Court to adjourn the matter to next week to enable him to take appropriate instructions as to whether the said challenge has been maintained or otherwise. If no such challenge has been maintained by the MSRTC, the present Petition will have to be dismissed and the order dated 03.03.2021 will have to be upheld. 3. Stand over to 23rd June, 2025.” 2. It thus appears that similar orders are passed by the Industrial Court in other cases. Mr. Shermale, the learned counsel appearing for Respondent Nos.1 and 2 submits on instructions that those orders are already implemented. The Petition would have been disposed of by this Court on 16 June 2025 itself, however, hearing thereof came to be adjourned in order to enable Petitioners to take instructions. The Petition has thereafter appeared on Board on several occasions. On 5 August 2026 none had appeared for the Petitioners and the Petition was adjourned by way of last chance. Today i.e. on 20 August 2026 also time is sought by the learned counsel for the Petitioners-MSRTC. The Petition cannot be kept pending indefinitely. Since similar orders passed by the Industrial Court are apparently implemented by the Petitioners, no purpose would be served in keeping the Petition pending any further. Writ Petition is accordingly disposed of. (SANDEEP V. MARNE, J.) katkam Page No. 2 of 2 Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 21/08/2026 11:11:42