: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2528 OF 2008 Municipal Corpn. of Gr. Bombay ....Petitioner V/s. General Secretary, BEST workers union ....Respondent Mr.S.K. Talsania with Ms.Kavita Anchan i/b M/s.M.V. Kini & Co. for the Petitioner. Ms.Neeta Karnik for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 21ST JANUARY, 2009. P.C. : 1. Rule. By consent rule is made returnable forthwith and heard finally. 2. The Petitioner has challenged the order of the Industrial Court dated 28.3.2006 allowing the appeal against the order of the Labour Court as well as an order dated 7.2.2008 also passed by the Industrial Court dismissing the Petitioner’s application for review. 3. The order dated 28.3.2006 has set-aside the order of the Labour Court denying the Respondent back wages. Paragraph 6 of the order proceeds on the basis that the Labour Court has set-aside the order in the departmental enquiry. However the Labour Court has not set-aside the order in the departmental enquiry. This is clear from the order of the Labour Court itself. The Labour Court in Part I held that the enquiry conducted was just and proper and by following : 2 : principles of natural justice. In part II, the Labour Court held that the findings given by the enquiry officer were not perverse. In fact the Industrial Court subsequently in the same paragraph observed that the Labour Court held that the misconduct was proved but went on to hold that the reason was completely wrong and that the misconduct was not proved in the departmental enquiry. 4. I must clarify that what I stated above is on the basis of the translated copy of the impugned order. 5. It may well be possible to uphold the Respondent’s contention either in a different manner or on any additional submissions that may be made. In fact same of the Respondents’ submission have not been considered. It would be open to the Industrial Court to consider all aspects of the matter including as to the quantum of back wages, if any are awarded. 6. I may not have remanded the matter but even assuming that back wages are granted, evidence in that respect may be required. 7. In the circumstances, the impugned order is set aside. The Industrial Court is requested to decide the matter afresh. : 3 : . The Writ petition is accordingly disposed of.