WP/9019/2009 : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9019 OF 2009 The Proprietor, Patwardhan Tailors, Pune .. Petitioner V/s. Subhash Dhondiba Ghanate .. Respondent Mr. M.S. Karnik for the Petitioner. Mr. V.H. Shekdar for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 5 TH AUGUST, 2010. P.C.: 1. This Writ Petition challenges the order dated 26th August, 2009, passed by the Industrial Court, Pune, in Revision Application (ULP) No.5 of 2008, whereby the Industrial Court has remanded Complaint (ULP) No.262 of 1996 to the Labour Court, Pune for a fresh decision. 2. An opportunity has been given to both the parties to led additional evidence in the matter. The contention of the learned Advocate for the WP/9019/2009 : 2 : Petitioner is that the Labour Court has by a well reasoned order held that the Respondent No.1 was working on a piece rated basis from 1986 onwards and was not an employee of the Petitioner. The Industrial Court has rightly observed that the Labour Court has not considered whether the Respondent No.1, who was performing work on piece rated basis, continued to be an employee of the Petitioner even after the year 1986. 3. In my view, the order dated 26th August, 2009, passed by the Industrial Court, Pune, in Revision Application (ULP) No.5 of 2008, does not suffer from any infirmity requiring this Court to exercise its writ jurisdiction under Article 227 of the Constitution of India. 4. The Writ Petition is rejected.