: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. 8253 OF 2007 WRIT PETITION NO. 8253 OF 2007 WRIT PETITION NO. 8253 OF 2007 1. The Executive Engineer, ] Public Works Department, ] Malegaon, District : Nasik ] 2. The Sub-Divisional Engineer ] Public Works Department, ] Sub-Division, Malegaon, ] Dist : Nasik ]..Petitioners versus Shankar Janglu Godse ] Residing at Himmat Nagar, ] Malegaon Camp, Tal: Malegaon ] District : Nasik ]..Respondent Mr. A. P. Vanarse, AGP for the Petitioners. Mr. A. S. Tamhane for the Respondent. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 15TH JANUARY, 2009. DATE : 15TH JANUARY, 2009. DATE : 15TH JANUARY, 2009. ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT : . Rule has already been issued on 19.11.2007. By consent of the parties, rule returnable forthwith. 2. The petitioners have challenged the Order of the Industrial Court under which the respondent was directed to be reinstated on the ground that he has :2: worked in the employment of the petitioners for over 240 days in a year. It seems that the two issues which must be decided before such a relief is granted was not in the contemplation of the courts below primarily because the pleadings to that effect were absent. These issues pertain to (i) whether the post was sanctioned and (ii) whether the procedure prescribed by law, if any, for appointment was followed or not, have not been gone into. 3. In the circumstances, it would be appropriate in the interest of justice to set aside the impugned order and remand the matter back to the Labour Court for fresh decision in accordance with law and particularly with reference to the two issues referred to above. The Labour Court shall allow the parties to amend their pleadings as may be advised and to lead evidence. Parties are directed to be appear before the Labour Court on 2.2.2009. Order accordingly. Rule made absolute. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)