1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2523 OF 2010 (Bhagwan Ramchandra Ghode vs. Maharashtra State Co-op. Cotton Growers Marketing Fed. Ltd. & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 18, 2010. Heard Shri Tambde, learned counsel for the petitioner and Shri Wankhede, learned counsel for the respondents. This Court has on 10.06.2010 issued notice for final disposal. Shri Tambde, learned counsel states that the order passed by Labour Court holding departmental enquiry to be fair and valid was assailed in revision by raising appropriate ground. Those grounds are ignored by Industrial Court while deciding revision and Industrial Court has erroneously concluded that said order was not subject matter of challenge. Shri Wankhede, learned counsel for the Respondents states that there is no prayer for quashing and setting aside that order. With the assistance of both counsel, I have perused the papers. Though expressly there is no prayer to quash and set aside the order of Labour Court holding departmental enquiry to be fair and valid, the grounds in 2 revision raised appropriate contentions and hence it cannot be said that that order was not challenged by the petitioner – employee. The Industrial Court, therefore, ought to have evaluated those grounds and thereafter decided revision. As this has not been done, there is a failure to exercise jurisdiction. Hence, the impugned judgment dated 10.11.2009 passed in Revision (ULP) No. 44 of 2008 is quashed and set aside. The said Revision is restored back to the file of Industrial Court, Yavatmal for taking fresh decision in accordance with law at the earliest. The parties are directed to appear before the Industrial Court, Yavatmal, on 13th December 2010 and to abide by its further instructions in the matter. Writ Petition is disposed of. Rule is made absolute accordingly. No order as to costs. JUDGE *GS.