IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION(L) NO.39/2009 The Tata Power Company Ltd. Petitioner Vs. Mr.R.P.Thakur and Anr. Respondents Ms.Mitra Das i/b Vasanti Kunder & Vivek Salunke for the petitioner Mr.Sunil V.Bhakre for the respondents CORAM: S.J.VAZIFDAR,J. DATE : 13th January,2009. P.C. 1] The impugned order warrants no interference .One of the 11 witnesses was not allowed to be cross examined.The learned Member has rightly held that prejudice in view thereof is inherent. The impugned order therefore rightly remands the matter. 2] If one of the witnesses has not been allowed to be cross examined it would not be correct to decide the matter on the basis of the evidence of the other witnesses .The evidence must always be read as a whole. 3] After the cross examination of this witness is completed it would be obvious for the Labour Court to decide the matter afresh taking the entire evidence in to consideration. 4] Writ Petition is disposed of accordingly.