:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1709 OF 2009 WRIT PETITION NO. 1709 OF 2009 WRIT PETITION NO. 1709 OF 2009 Nashik District Co-operative Bank Employees Union, Nashik ..Petitioner versus The Assistant Registrar under the BIR Act, 1946 Nashik & Ors. ..Respondents Mr. S. M. Dharap with Mr. V. P. Vaidya for the Petitioner. Mr. M. S. Topkar for the Respondent No. 2. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 16TH MARCH, 2009 DATE : 16TH MARCH, 2009 DATE : 16TH MARCH, 2009 P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. The petitioner has challenged the Order of the Industrial Court, Nashik, dated 4.11.2008 directing the Assistant Registrar BIR to hear both the rival unions on the tenability of the application afresh and pass appropriate orders thereon and thereafter to proceed further with the application dated 30.10.2007 of the petitioner Union. :2: 3. Mr. Dharap, the learned counsel for the petitioner relied on the Judgment of this Court in Bank Karmachari Sangh, Latur vs. The Assistant Bank Karmachari Sangh, Latur vs. The Assistant Bank Karmachari Sangh, Latur vs. The Assistant Registrar under the Bombay Industrial Relations Act Registrar under the Bombay Industrial Relations Act Registrar under the Bombay Industrial Relations Act & Ors. [2002 II CLR 48], & Ors. [2002 II CLR 48], & Ors. [2002 II CLR 48], in which a learned Single Judge of this Court relying on the observations of the Supreme Court and having regard to the nature of enquiry under Section 16 of the Act, came to the conclusion that such enquiries should not be piecemeal but should be undertaken and completed at one stretch. In the circumstances, the direction of the Industrial Court in paragraph 3 of the operative order dated 4.11.2008 is set aside. The Assistant Registrar shall decide both the questions i.e. tenability of the application as well as merit of the application dated 30.10.2007 by one order although the Assistant Registrar may frame two issues separately. Hence, the impugned order is set aside to the extent indicated above with the aforesaid directions. The Assistant Registrar shall decide the matter as expeditiously as possible and in any case not later than eight months from the date the parties appear before the Assistant Registrar. Parties are directed to appear before the Assistant Registrar on 2.4.2009. Order :3: accordingly. 4. Rule is made absolute in the above terms. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)