1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 2429/2010. Ramdeobaba Kamla Nehru Engineering College. -: VERSUS :- Maroti Manikrao Dhote. 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. DATED : JULY 23, 2010. Heard finally by consent of Shri P.C.Marpakwar, learned counsel for petitioner and Shri P.S. Sadawarte, learned counsel for respondent. Shri Marpakwar, learned counsel states that the contention that as provisions of Bombay Industrial Relations Act apply to petitioner College, reference under Industrial Disputes Act is not maintainable, has not been examined on merits by the Labour Court only because earlier application raising challenge to its jurisdiction was rejected. He points out that the earlier application restricted the challenge by pointing out that as provisions of Maharashtra Universities Act are applicable, the College Tribunal possessed the jurisdiction. According to him, therefore, refusal to look into 2 the merits of the controversy is refusal to exercise jurisdiction. Shri Sadawarte, learned Counsel states that objections are being raised piecemeal and during conciliation proceedings there was no such objection. According to him provisions of Industrial Disputes Act apply to the industry of petitioner. He further points out that the parties have already led evidence and matter is for final arguments. In this situation, I find that interest of justice can be met with by leaving the issue of maintainability of reference open for consideration at the stage of final arguments. With this clarification, Writ Petition is disposed of. No costs. JUDGE Rgd.