1 8.wp-634-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 634 OF 2011. M/s. Cray Valley Resins India Pvt. Ltd. ..Petitioner. vs. Noble Paints (Pvt.) Ltd. (formerly known as M/s. Noble Paints & Varnish Co. Pvt. Ltd. & Ors. ..Respondents. .... Ms. N.R. Patankar, a/w. Mr. V.P. Sawant, for Petitioner. Mr. Jaiprakash Sawant, for Respondent No.2. Mr. J.P. Cama, Senior Counsel, a/w. Mr. R.S. Pai, a/w. Mr. Aaiyar, i/b. Sanjay Udeshi & Co., for Nobel Paints, for Noticee. .... CORAM : S.J. KATHAWALLA, J. DATE : 1ST AUGUST 2011. P.C. : Heard the learned Advocates appearing for the parties. It appears that the Company M/s. Nobel Paints and Varnish Company Private Limited coninues to exist. However, the noticee Company is not concerned with M/s. Noble Paints and Varnish Company in any manner whatsoever. The learned Advocate appearing for the Petitioner submits that the workers who are listed in the Reference were at no time employed by the Paints Division of M/s. Noble Paints and Varnish Company Private Limited and in any event, their names could not appear in the list of workmen attached to the scheme sanctioned by this Court. As against this, the learned Advocate appearing for the Respondent No.2 submits that it is clear from the scheme sanctioned by this Court that the workers represented by him are the workmen from the Paints Division of the 2 8.wp-634-11 Respondent No.1 and that the liabilities of the said workmen are transferred/ taken away by the Petitioner. However, the following order is passed by consent of the Petitioner and the Respondent No.2 : (i) The impugned order dated 1st March 2011 is set aside. (ii) The Industrial Tribunal, Mumbai, shall after inter alia considering the aforestated facts, and the submissions made by the Advocates for the Petitioner and Respondent Nos. 1 and 2, pass a fresh order in Reference (IT) No. 97 of 1980 within a period of four weeks from today. (iii) The Petitioner and the Respondent Nos. 1 and 2 shall appear before the Industrial Court, Mumbai, on 3rd August 2011 at 11.00 a.m. and seek necessary directions. (iv) The notice issued to the Noble Paints Private Limited is discharged. However, parties shall be at liberty to produce before the Industrial Court a copy of the Affidavit filed by the Noble Paints Private Limited before this Court. (v) All contentions of the parties are kept open. (vi) The time granted to the Industrial Court to dispose of Reference (IT) No. 97 of 1980 within a period of one year from the order dated 30th August 2010, is extended upto 31st January 2012. 2. The Writ Petition is accordingly disposed of. [ S.J. KATHAWALLA, J. ]