1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1679/2010. Mehfil Inn Pvt. Ltd., and others. -: VERSUS :- Smt. Kantabai Babarao Mondhe 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 26, 2010. Heard Shri Mishra, holding for Shri S.P. Deshpande, learned counsel for petitioners and Shri S.T. Harkare, learned counsel for respondent. Grievance of Shri Mishra, learned Counsel is that Labour Court after recording evidence found that the relationship of employer-employee was not established and Industrial Court in revision has interfered with that order. He objects to the remand of the matter back to Labour Court with direction to refer the issue of disputed relationship to Assistant Commissioner of labour and taking up further adjudication by the Labour Court after receipt of report of 2 the Assistant Commissioner of Labour. His contention is, there is no such procedure in law. Shri Harkare, learned counsel for respondent points out that the procedure followed is as laid down by this Court in 2003 (97) FLR 159 (Lokmat Proprietors, Lokmat News Papers ltd. vrs. Rambhauji Choudhari and others). According to him, in this situation no interference is warranted. It is apparent that the Assistant Commissioner of Labour cannot decide the dispute about relationship. If the relationship is admitted, the Labour Court itself could have given relief in the present matter. As it appears that there is dispute between the parties, the Assistant Commissioner of Labour has to submit a failure report after conciliation and then there has to be reference to the competent Labour Court and that Labour Court functioning under Industrial Disputes Act can decide the issue. In this situation, I find that interest of justice can be met with by permitting the respondent to make appropriate application for redressal of her grievance regarding termination to the Assistant Commissioner of Labour at Amravati. After such application is received, that Authority will proceed further in accordance with law to hold 3 the conciliation and complete the proceedings as early as possible and in any case by 30.09.2010. The appropriate Government shall thereafter take further steps on report submitted by that Authority and if necessary, refer the dispute to Competent Labour Court for its adjudication in accordance with the law, within a further period of two months. The petitioners as also respondent are directed to appear before the Assistant Commissioner of Labour at Amravati on 10.08.2010 and to abide by his further directions in the matter. In view of this direction, it is apparent that the grievance made in present Writ Petition is taken care of, the impugned directions issued by the Industrial Court is therefore, quashed and set aside. Writ Petition is disposed of. Rule accordingly. No costs. JUDGE Rgd.