1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.58 OF 2002 IN WRIT PETITION NO.2154 OF 1996 The West Coast Paper Mills Limited ..... Appellant. V/s The West Coast Paper Mills Employees’ Union & another. ..... Respondents. ----- Mr. C.U. Singh with Ms. Smita Deshpande for the Appellant. Mr. R.S. Tripathi for the Respondent No.1. ----- ALONGWITH CROSS OBJECTIONS (STAMP) NO.20648 OF 2005 IN LETTERS PATENT APPEAL NO.58 OF 2002 IN WRIT PETITION NO.2154 OF 1996 The West Coast Paper Mills Limited ....Appellant (Original Respondent No.2) V/s 1. The West Coast Paper Mills Employees’ Union & anr. ....Respondent (Original Petitioner) 2 2. The A.B.M. Shaikh, Presiding Officer, 7th Labour Court. ....Respondent (Original Respondent No.1) ---- Mr. R.S. Tripathi for the Respondent No.1 in Cross-objection (Stamp) No.20648 of 2005. Mr. C.U. Singh with Ms. Smita Deshpande for the Appellant. ---- CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATE : 29th January, 2008. P.C.: By consent of the parties, appeal as also the cross-objections are disposed of in the following terms:- (i) That part of the order passed by the learned Single Judge, making the rule in the petition absolute in terms of prayer clause (a) is set aside. (ii) The order of the learned Single Judge was modified partly by the order passed by the Division Bench dated 8th April, 2005. Pursuant to the order of the Division Bench dated 8th April, 2005, out of two issues which were remitted by the learned Single Judge, only one issue was directed to be tried by the Labour Court. Now the Labour Court has tried that issue and again the finding is in favour of the present 3 appellant who was the respondent in the Writ Petition. The Petitioner in the Writ Petition has filed cross-objections in this appeal, challenging that finding. In view of this, we dispose of this appeal and cross-objections and remit the Writ Petition No.2154 of 1996 to the learned Single Judge. We permit the present respondent No.1 who is the petitioner in the Writ Petition to amend the Petition to challenge the finding recorded by the Labour Court on the issue remitted to the Labour Court by the learned Single Judge and Division Bench of this Court by the order referred to above. (iii) The contention of the appellant who was the respondent in the Writ Petition is that by judgment which is impugned in this appeal, the award originally passed by the Labour Court has been confirmed and only two issues were remitted back for consideration of the Labour Court. We are keeping that contention expressly open to be urged before the learned Single Judge. (iv) In view of the fact that the Petition was filed in the year 1996, we request the learned Single Judge to hear and dispose of the Petition as expeditiously as possible. 4 (v) Amendment in the Petition to be carried out within four weeks from today. (D.K. DESHMUKH, J.) (V.M. KANADE, J.)