1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 476 OF 2010 AND MCA (Revision) ST. NO. 4448 OF 2010 IN REJ. WRIT PETITION NO. 611 OF 2009 (Divisional Controller, M.S.R.T.C., Nagpur vs. Balwant Nilkanth Khuje) 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. JULY 20, 2010. Heard Shri Wankhede, learned counsel for the petitioner - applicant and Shri Dandekar, learned counsel for the respondent – non-applicant. For the reasons disclosed on affidavit, delay of 74 days in filing MCA is condoned. Civil Application is allowed accordingly. For the very same reasons, order dated 23.11.2009 passed by the Registrar (Judicial) in Rejected Writ Petition No. 611 of 2009, is hereby recalled and rejected Writ Petition No. 611 of 2009 is restored back to file. WRIT PETITION NO. 611 OF 2009 With the consent of parties, Writ Petition No. 611 of 2009 is taken up and heard finally. The counsel for both the parties state that identical challenge is disposed of by this Court in Writ Petition No.2675 of 2010 on 07.07.2010 (M.S.R.T.C. vs. 2 Anil Jaiswal) and the matter has been remanded back to Labour Court with liberty to the petitioner to produce its records to show the correct calculations about the entitlement of the respondent. Shri Dandekar, learned counsel states that in this matter, the respondent should also be permitted to amend his pleadings, if necessary, and to lead additional evidence. Shri Wankhede, learned counsel for the petitioner has no objection. In the circumstances, writ petition is partly allowed. The order dated 06.12.2008 passed by the Second Labour Court, Nagpur, in Application (IDA) Case No. 85 of 2007 is hereby quashed. Application (IDA) Case No. 85 of 2007 is restored back to file of Second Labour Court, Nagpur, for taking fresh decision in accordance with law. The said Court shall permit the employee as also employer to amend their pleadings, if necessary, and thereafter permit the employee to adduce additional evidence. The decision shall be taken as early as possible and in any case within a period of three months after the procedure of amendment is over. Writ Petition is partly allowed. Rule is made absolute accordingly. However, this order is subject to payment of cost of Rs.10,000/- by the petitioner to the respondent by 15th August 2010. JUDGE *GS.