1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.3443/2009 ( Amol Sanjay Sarwade .vs. Union of India and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.M. Gordey, Advocate for Petitioner. .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : AUGUST 20, 2009 Heard Mr. Gordey, learned counsel for the petitioner. By this petition, the petitioner challenges communication dated 25.5.2009 issued by respondent no.1 whereby respondent no.1 has refused to make reference under Section 10 of the Industrial Disputes Act,1947 on the ground that the petitioner was appointed as Sub-Staff on purely temporary basis for a specified period and as such on completion of said period his services came to an end. In the present case conciliation proceedings were held by the Assistant Labour Commissioner (Central) at Nagpur and Conciliation Officer submitted report under Section 12 of the Act. However, respondent no.1 by order dated 25.5.2009 refused to make a reference on the grounds stated above. In the present petition, the petitioner is challenging the action of respondent no.1 in refusing to 2 make a reference. The impugned order has been passed in New Delhi and has been communicated to the petitioner who is resident of Ambejogai, district Beed. This being the position, in our considered opinion cause of action in so far as this petition is concerned, is not arising within the jurisdiction of this Court and, therefore, this Court has no jurisdiction. According to Mr. Gordey, the petitioner received communication dated 25.5.2009 at Ambejogai, district Beed. If this is correct, then Aurangabad Bench of this Court will have jurisdiction to entertain the writ petition. In view of above, Mr. Gordey seeks leave to withdraw the petition with liberty to prefer petition before Aurangabad Bench of this Court. Writ petition is allowed to be withdrawn with liberty to file appropriate proceedings before the appropriate forum. JUDGE JUDGE halwai