WP/8076/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8076 OF 2010 Prakash Anant Kalambe ... Petitioner V/s. Regional Executive Director No.1, Thane & Ors. ... Respondents Mr.N.V. Bandiwadekar for Petitioner Mr.Chirag Mody for Respondent Nos.1 to 4 CORAM: SMT.NISHITA MHATRE, J. DATE: JANUARY 31, 2011 P.C.: 1. The petition challenges the order passed by the Industrial Court on 28.9.2010. The two principle issues raised in the petition are: (i) whether action could have been taken against the petitioner under Regulation 90 after he was arrested in an “ACB trap case”; (ii) whether the Industrial Court could have directed Respondent No.1 to consider the Petitioner’s objection regarding his competence to issue the chargesheet. 2. As regards the first submission, there is already a judgment of Chandrachud,J. which has been passed in Writ Petition No.6751 of 2008 in which the learned Judge has held that recourse can be taken to Regulation 90 in a situation where a workman is arrested in an ACB trap case. WP/8076/2010 : 2 : 3. In respect of the other contention in my opinion, though the Industrial Court is incorrect in directing Respondent No.1 to consider whether he was competent to sign the chargesheet. It is always open for the Labour Court to decide this issue. 4. The Petition is rejected.