1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6766 OF 2009 Mahanagarpalika Karmachari Sangh, Kolhapur. ..Petitioner. Vs. Kolhapur Municipal Corporation and anr. ..Respondents. Mr.M.S.Topkar for the Petitioner. Mr.S.S. Patwardhan for the Respondent No.1. Mr.A.P.Vanarase, AGP. for the Respondent No.2. CORAM :R.S.MOHITE, J. DATE : 06TH NOVEMBER,2009 P.C. 1 Heard parties. 2 It is seen that in a complaint for grant of permanency benefits, the Industrial Court has dismissed the complaint under MRTU & PULP Act 1971 following the various case laws resting with State of Karnataka Vs. Umadevi. There is however, now a 2 later judgment delivered by the Apex Court in the case of Maharashtra State Road Transport Corporation and anr. Vs. Casteribe Rajya P.Karmchari Sanghatana reported in 2009 III CLR 262 where view has been now taken by the Apex Court that the provisions of MRTP & PULP Act is not denuded of its statutory status by the Constitution Bench decision in Umadevi s case. The Apex Court has further concluded that the judgment of the Constitution Bench in the case of Umadevi cannot be held to have overridden the powers of Industrial and Labour Courts in passing appropriate order under Section 30 of MRTP & PULP Act, once unfair labour practice on the part of the employer under item 6 of Schedule IV is established. In view of this clarificatory judgment, it would be desirable to remand the matter to the Industrial Court for reconsideration of the complaint in accordance with law. Accordingly, matter is remanded back to the Industrial Court. It is made clear that all contentions are left open and the Industrial Court 3 will decide the matter on its own merits. Parties will however, be at liberty to make an application for further evidence if they so desire and that application will be decided on its own merits in accordance with law. Petition is disposed off. (R.S.MOHITE, J.)