WP/7270/1999 a/w WP/7212/1999 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7270 OF 1999 Nirajkumar Jha ... Petitioner V/s. M/s.Nitin Castings Ltd. & anr. ... Respondents WRIT PETITION NO.7212 OF 1999 Surendra Choudhary ... Petitioner V/s. M/s.Nitin Castings Ltd. & anr. ... Respondents Mr.Avinash Jalisatgi for Petitioner Mr.M.V. Joglekar for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATE: MARCH 3, 2011 P.C.: 1. The petitioners in both these petitions have challenged the awards passed in Reference (IDA) Nos.2 of 1992 and 8 of 1992. Mr.Jalisatgi, appearing for the Petitioners, states that he has no instructions in the matter from the petitioners as despite his efforts to contact them, he is unable to do so. He however points out that the observations of the Labour Court while dismissing the Reference with regard to the maintainability of the References in view of the provisions of section 59 of the MRTU & PULP Act are incorrect. He submits that these observations are contrary to WP/7270/1999 a/w WP/7212/1999 : 2 : the decisions of the Full Bench of this Court in the case of C.S. Dixit vs. Bajaj Tempo Ltd., 2000 II CLR 719. 2. On considering the observations made with respect to this issue, the findings of the Labour Court that the References are barred in view of section 59 of the MRTU & PULP Act is unsustainable. 3. However, the Writ Petitions are dismissed for non-prosecution.