1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3906 / 2010 (M/s Hotel orange City vs. Jitendra Jayshankar Tirpude and another ) 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. DATED : NOVEMBER 30, 2010. Heard Mr.A.Desai, learned Advocate for petitioner and Mr. Naukarkar, learned Advocate for respondent no.1. By consent of the respective counsel, the following order is passed :- 1) The amount of Rs. 20,000/- out of Rs. 80,000/- deposited with this Court, is allowed to be withdrawn by the respondent. 2) The balance amount of Rs. 60,000/-shall be transferred to 1st Labour Court, at Nagpur. 3) The respondent shall report for duty on 15 th December, 2010 and the petitioner shall permit him to work on his earlier post on salary as payable to that post. 4) If the respondent is allowed to join the petitioner-Hotel, he shall be permitted to file written statement in proceedings before the 1st Labour Court in Reference (IDA )No. 46/2005 by 15.1.2011. 5) If written statement is so filed, liberty to respondent-workman to adduce additional evidence if he is so advised. 6) Thereafter the petitioner -employer shall be given opportunity by Labour Court to adduce evidence in 2 defence. 7) The Labour Court shall decide Ref. (IDA) No. 46/2005 afresh on the strength of material on record as early as possible and in any case by 30th June, 2011. 8) The parties are directed to appear before the 1st Labour Court, Nagpur on 13.12.2010 and to abide by its further instructions in the matter. 9) Subject to this, the impugned award dated 11.2.2010 is quashed and set aside and Reference IDA No. 46/2005 are restored back to the file of 1st Labour Court, Nagpur. 10) The amount in deposit shall be appropriated/ adjusted as per the final verdict in the award by 1st Labour Court, Nagpur. Rule is made absolute accordingly. JUDGE sahare.