WP/6808/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6808 OF 2010 Maharashtra State Road Transport Corporation ... Petitioner V/s. Shri Ankush Ganpat Surve ... Respondent Mr.G.A. Karmalkar for Petitioner Mr.M.S. Topkar for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 6, 2010 P.C.: 1. The order impugned in this petition has been passed by the Industrial Court, Kolhapur on 16.1.2010. By this order, the Industrial Court has held that the punishment imposed by the petitioner on the respondent is illegal and has therefore declared that the petitioner has engaged in unfair labour practices under Item 9 of Schedule IV of the MRTU & PULP Act. The Industrial Court in my opinion has passed the order without discussing the evidence on record. The Industrial Court is a Court of first instance where evidence must be discussed in great detail. Even assuming it is right in its decision that the punishment was not proper, it was necessary for the Industrial Court to provide cogent reasons for drawing this conclusion. WP/6808/2010 : 2 : 2. On a perusal of the order of the Industrial Court, in my opinion, it is obvious that the order has been passed by the Industrial Court without paying heed to the basic requirement while passing such an order namely, of discussing the evidence and drawing its conclusions from the evidence on record. This is necessary as a judicial review of such an order becomes well nigh impossible. 3. In my opinion, therefore, it would be appropriate to set aside the order of the Industrial Court and remand the complaint to the Industrial Court. 4. Accordingly, the petition is disposed of by directing the Industrial Court to hear the arguments afresh and to decide the complaint by discussing the evidence on record as well as the arguments advanced. The Industrial Court to decide the complaint within three months from today. The parties shall appear before the Industrial Court on 15.11.2010.