1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9172 OF 2009 Sanjoo C. Patel & Anr. ....Petitioners V/s. Mulchand K.Shah ....Respondent Mr.Ravindran Nair for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 4TH JANUARY, 2010. P.C. :- 1. The reference was dismissed essentially on the ground that the Petitioners failed to establish the employer and employee relationship between themselves and the Respondent. The Respondent contended that he was neither the owner of nor running the powerlooms in which the Petitioners were allegedly the employees. The investing officer visited the premises where he found a third party by name of one Hariya running the powerlooms. 2. There admittedly is no evidence indicating any employer and employee relationship between the Petitioners and the Respondent. Even assuming that the Petitioners were working in the said premises, there is no evidence that it is the Respondent, who was running the powerlooms. 3. The impugned order is challenged before me on the ground that the investigating officer did not carry out his duties properly in as much 2 as he did not call upon the person in occupation of the premises to produce the licence. It is however, important to note that no application to adduce the necessary evidence by way of a witness summons or otherwise was ever made. 4. In the circumstances, the Writ Petition is dismissed. It is clarified however, that the Petitioners will be at liberty to adopt appropriate proceedings against the correct employer. This order will not in any manner affect the Petitioners’ rights.