1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5544 OF 2009 (National Bureau of Plant Genetics Resources, Akola vs. The Presiding Officer, CGIT-cum-Labour Court, Nagpur & Anr.) 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. JUNE 29, 2010. Heard Shri Atrey, learned counsel for the petitioner and Shri Khobragade, learned counsel for respondent No. 2. Shri Khobragade, learned counsel has pointed out that Respondent No. 2 is out of employment since 1999 and the proceedings before C.G.I.T. in Reference (IDA) No.132 of 2003 are at the stage of delivery of award. He further states that there are no grounds given for setting aside ex-pate order dated 02.07.2008 and as that order has not been set aside, application for amendment of written statement has been rightly rejected. Shri Atrey, learned counsel states that because of the inability of counsel representing the petitioner, the matter could not be attended to and he, therefore, seeks one opportunity to contest the matter on merits. According to him, Respondent No. 2 was casual labour and activity of the petitioner is already closed 2 down. In the circumstances, I find that if the matter is decided on merits, again a remand from this Court is possible. I, therefore, heard the counsel for both sides. Shri Atrey, learned counsel fairly states that the petitioner shall compensate Respondent No. 2 by paying reasonable cost. Shri Khobragade, learned counsel has stated that the matter is being pushed back and hence cost should be heavy. The petitioner shall pay cost of Rs.15,000/- (Rs. Fifteen thousand only) to Respondent No. 2 in the matter by 15th August 2010. If the costs are so paid, ex- parte order dated 02.07.2008 shall stand quashed and set aside and the petitioners are permitted to amend their written statement. Respondent No. 2 may lead additional evidence, if he is so advised and thereafter petitioners shall tender their own evidence. C.G.I.T. shall attempt to decide the reference on merits by 31.10.2010. If the costs as mentioned above are not paid, the stage of arguments before C.G.I.T. will stand restored and C.G.I.T. will proceed further with the delivery of award. Writ Petition is disposed of accordingly. No order as to costs. Certified copy expedited. JUDGE *GS.