IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.310 OF 2009 IN WRIT PETITION NO.2929 OF 2009 M/s. Ravi Steel Industries ... Appellant Versus Shri Ravindra Indradev Rajbhar and another. ... Respondents Mr. S.C. Naidu with Mr. Y.C. Naidu, Mr. N.P. Dalvi and Mr. Saurabh Kulkarni i/by M/s. C.R. Naidu & Co. for the appellant. Mr. Y.M. Pendse for the respondents. CORAM : J.N. PATEL, ACTING C.J. & B.R. GAVAI, J. DATED : 4TH FEBRUARY, 2010 P.C. The appeal challenges the order passed by the learned Single Judge dated 16th October, 2009 thereby dismissing the petition filed by the present appellant confirming the award passed by the learned Labour Court dated 6th December, 2008 answering the reference in favour of the respondents-workmen. 2. Mr. Naidu, the learned counsel appearing on behalf of the appellant submits that the reference itself was defective in asmuch as though the dispute regarding the employer-employee relationship was raised by the present appellant, the same was not referred. It is further submitted that the award has been passed accepting the contention of the employee that there exists employer-employee relationship only on the basis of ESI Card. He further submitted that even the award of back wages amounts to perversity in the award passed by the learned Labour Court. The learned counsel submits that the learned Labour Court has also failed to take into consideration that the reinstatement and back wages ought not to have been granted in a company which has been closed. 3. The learned Labour Court on the basis of the oral evidence of the employee supported by the documents in support of his claim has come to a finding of fact that there existed employee-employer relationship between the parties. As such, on the basis of the evidence led on behalf of the workmen, the reference came to be answered in favour of the workmen. 4. The learned Single Judge after appreciating the material on record has confirmed the view taken by the learned Labour Court. We do not find any perversity in the approach adopted by the learned Labour Court which has been upheld by the learned Single Judge. So far as the contention of Mr. Naidu regarding closure of the company is concerned, the learned Single Judge has found that no sufficient material was placed on record and no ample evidence was available to the learned Labour Court. In that view of the matter, no case is made out. Appeal is dismissed. 5. At this stage, the learned counsel appearing on behalf of the appellant requests for stay of the order passed by this court for a period of six weeks. The learned counsel appearing on behalf of the respondents fairly concedes that he will not press for the execution proceedings till 15th March, 2010, in view of the bank guarantee furnished by the appellant in this court. We, however, make it clear that in case the appellant desires to move the Apex Court, advance notice be given to the respondents. ACTING CHIEF JUSTICE B.R. GAVAI, J.