1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3354 OF 2008 (Voltas Refrigerator Employees Union vs. Videocon Industries Ltd. ) AND WRIT PETITION NO. 3359 OF 2008 (Voltas Refrigerator Employees Union vs. Videocon Industries Ltd. ) 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. OCTOBER 08, 2008. Heard Shri Khan, learned counsel for the petitioner and Shri Moharir, learned counsel for the respondent in both the petitions. The matters have been heard on 6.10.2008 and thereafter on 7.10.2008. Yesterday, a communication dated 3.3.2008 was pointed out by Shri Khan, according to which, the employees 150 in number were required to attained factory. Shri Khan, learned counsel contended that without bus facility and without canteen facility, the employees cannot be expected to attend the factory. He also further contend that production also needs to be started and workers are entitled to production incentive because this incentive is major part of their earning. 2 In order to show cooperation, Shri Khan, learned counsel states that 150 workers are attending the factory as per said communication dated 3.3.2008. Today, Shri Moharir, learned counsel mentions that the management is not in a position to start production and if presence of workers is required, the management will inform them accordingly and till then they can sit at home and get their salary as per the arrangement which is going on since September 2007. Shri Khan, learned counsel, during hearing has invited attention to document i.e. proceedings of meeting dated 12.2.2008, held before the Hon'ble Labour Minister for State of Maharashtra and he states that as per said proceedings and its minutes dated 18.2.2008, the workers are ready to attend their duties even if there is no bus facility and canteen facility. He further states that the workers will spend from their own pocket and attend the factory and shall also work without wages for a period of one month and help the management. Shri Moharir, learned counsel states that as some policy decision is yet not taken, the management is not in a position to respond to this request immediately. 3 In these circumstances, I find that interest of justice can be met with by permitting the present petitioner to move appropriate application in the light of proceedings dated 18.2.2008 before the Industrial Court as it is informed that said proceedings were not placed before the Industrial Court at any point of time. The said application will be decided on its merit by the concerned Incharge Industrial Court as early as possible and in any case by 31st December 2008. It is made clear that the orders impugned in these writ petitions i.e. on 13.3.2008 shall not come in the way of concerned Incharge Industrial Court for considering such application moved by the petitioner. Both writ petitions are accordingly disposed of. No order as to costs. JUDGE *GS.