1 W.P.No.5482.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5482 OF 2010 M/s.Sanjay Steel Centre ... Petitioner v/s Ramdev Gupta ... Respondent Mr.V.P.Vaidya for the petitioner. Smt.R.K.Joshi for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 30TH AUGUST, 2010 P.C.: 1. The petitioner has challenged the order passed by the Labour Court on 22.2.2010 in an application filed under Section 33C(2) of the Industrial Disputes Act. The Labour Court has directed that Rs.1,47,861/- should be paid as monetary dues to the applicant. The respondent had based his claim on certain settlements which had been arrived between the Metal and Stainless Steel Merchants Association and the Akhil Bharatiya Kamgar Sanghatana of which the applicant claims to be a member. It appears, however, that 2 W.P.No.5482.10 there is no cogent evidence on record indicating that the applicant was in fact a member of the union at the relevant time when the settlement was signed. The learned advocate for the respondent points out that the respondent does have in his possession the subscription receipts showing that he was a member of the union at the relevant time. 2. In these circumstances, in my view, it would be appropriate to remand the matter to the Labour Court for a fresh decision. 3. Accordingly, the impugned order of the Labour Court is set aside. 4. Parties are at liberty to adduce fresh evidence in support of their respective cases. 5. The Labour Court will decide the application as expeditiously as possible. ..... 3 W.P.No.5482.10