1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 5760 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Mayur D Joglekar i/b D.J.Bhanse, for the Petitioner. Mr A.D.Patel, AGP, for respondent nos 1 and 2. Mr S.S.Pathak, for respondent no.3. CORAM: D.B.BHOSALE AND K.K.TATED, JJ. DATE : 11/11/2011 PC: Heard learned counsel for the parties. In this writ petition, the petitioners have impugned the order dated 23.8.2010 passed by Mathadi Board, Satara. Learned counsel for the petitioners, at the outset, invited our attention to the averments in paragraph 10 of the petition and submitted that the very same order has already been challenged by the petitioners in appeal under section 5 of the Maharashtra T 2 Mathadi Hamal and Other Manual Workers (Regulation of Employment and Welfare ) Act, 1969 before the State Government and it is pending for adjudication. In view thereof, he submits that even if directions are issued to the State Government to decide the appeal within timeframe, he has instructions not to press this writ petition. Learned counsel for the respondents states that they have no objection for disposing of the writ petition with such directions, however, all contentions of the respondents including maintainability of the appeal be kept open. Having considered the submissions of learned counsel for the parties, we are satisfied that this writ petition can be conveniently disposed of by the following order. The Appellate Authority shall consider and decide the appeal filed by the petitioners against the order dated 23.8.2010 on merits in accordance with law. All contentions of the parties are 3 kept open including the issue of maintainability of the appeal. We hope and trust that the appellate authority shall decide the appeal as expeditiously as possible and preferably within a period of 12 weeks from the date of receipt of this order. While passing this order, we shall not be understood to have examined merits of the case. The petitioners and the contesting respondents to appear along with copy of this order before the Secretary, Labour and Industries Department, on 1.12.2011 at 3 pm. In the meanwhile, it is open for the parties to exchange their pleadings. The writ petition is disposed of. (K.K.TATED, J.) (D.B.BHOSALE, J.) 4