The original complainants who are Respondents before this Court viz. Kamgar Rajya Vima Yojna Karmachari Sanghathana filed complaint before the Labour Court challenging the intended termination of their members who are working in the capacity Pharmacists in Class III category vide complaint No. 144 of 1997. Alongwith the complaint, the complainant Sanghathana and the employees also filed an application for grant of interim relief under S.30(2) of the Maharashtra Act No.1 of 1972. The Learned Judge of the Labour Court, by its order dated 30.10.1998, allowed the application and directed the Respondents to continue the complainants in employment till the final decision of the complaint. The Petitioner State of Maharashtra assailed this order by preferring a revision before the Industrial Court, Nagpur. The Industrial Court dismissed the revision by its order dated 22.1.1 999 which was then challenged by the State of Maharashtra by preferring a Writ Petition No. 2652 of 1999. The Learned Single Judge of this Court admitted the petition and by his order dated 7.9.1999, modified the interim order to the extent that if the posts are lying vacant with the Petitioners, having regard to the two orders in their favour presently i.e. Labour Court and Industrial Court, it would be in the fitness of things to direct the Petitioners to continue the complainants- Respondents 2 to 11 in employment till final decision of the petition. This is assailed before this Court by preferring a letters patent appeal.

2.It is submitted by Mr. Deshpande, a Panel Counsel, for the State of Maharashtra that there are no vacancies in existence in Nagpur region so as to accommodate the Respondents. It is further submitted that the Respondents were ad-hoc employees. Earlier, they have moved the Maharashtra Administrative Tribunal in the matter and withdrew their application after the Maharashtra Administrative Tribunal issued directions that their appointments should be continued till candidates duly selected by Selection Board are available and further made it clear that this will not confer any right, interest or title to the post or employment and the services shall stand terminated even without notice, as soon as duly selected candidates are appointed and therefore, according to Mr. Deshpande, the Respondents have now resorted to filing of this complaint before the Labour Court is nothing but a device to overcome the order of the Maharashtra Administrative Tribunal and by obtaining interim order, to continue in service for which already candidates duly selected have been appointed and no vacancies exist. Mr. Marpakwar, learned Counsel appearing for the Respondents, submits that as the Respondents have a remedy under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, they having completed 240 days in employment, it cannot be said that they have no right to approach the Labour Court in the matter. Mr. Marpakwar fairly states that rather than keeping the matter pending, out of an interim order, it will be-in the interest of both the parties that the complaint before the Labour Court is disposed of on merits and this Court can dispose of the petition. Mr. Marpakwar pointed out to this Court that as the State Government has taken a decision to abolish the Regional Selection Board and have adopted a policy to regularize the appointments of temporary employees who have completed one year. the Respondents have a good case on merits and that this point should left open for consideration of the Labour Court.

3.Mr. Deshpande, a Panel Counsel, has no objection in the matter. But he wants the Court to make it clear that the Respondents 2 to 11 cannot be continued in employment if the interim order passed by the Labour Court is set aside.

4.We have examined the case and find that the Respondents 12 to 16 have already been appointed against the vacancies created in Nagpur Region and as there are no vacancies in Nagpur Region we are inclined to allow this appeal on the following terms:

"The interim order passed by the Labour Court is quashed and set aside. To that limited extent, the petition filed by the State of Maharashtra is allowed, as a consequence of which, the interim order assailed in this appeal, is also quashed and set aside. This Court directs the Labour Court to take up the complaint filed by the Respondents 2 to 11 for hearing and dispose it off expeditiously, preferably within a period of six months. Learned Counsel for the parties assure this Court that the parties would extent all cooperation to the Labour Court in expeditious disposal of the matter. It will be open for the Respondents 2 to 16 to move the Labour Court for intervention. On such application being made, the Labour Court would decide it on merits."

The instant Writ Petition as well as the letters patent appeal both stand disposed off.