1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.190 OF 2008 Mallaish Y. Sunke. ..Petitioner. V/s. M/s.Swan Mills Ltd. ..Respondent. WITH WRIT PETITION NO.175 OF 2008 Govind Babaji Mahadik. ..Petitioner. V/s. M/s.Swan Mills Ltd. ..Respondent. Shailesh More for petitioner. Mr.V.P.Vaidya for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 27, 2008. DATE : MARCH 27, 2008. DATE : MARCH 27, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith by consent. Mr.Vaidya waives notice for Respondent. 3. As short question is involved, Petitions are proceeded forthwith for final hearing by consent. 4. These Petitions take exception to the Order passed by the Industrial Court dated 17th September, 2 2007 rejecting the Application for condonation of delay in filing the Appeal filed by the Petitioner before the Industrial Court being Application No.26 of 2006. It is not necessary for me to advert to all the aspects of the matter, having regard to the consensus arrived at between the parties and the advocate appearing for the parties by consent pray that without recording any reasons the order impugned in these Petitions be set aside and instead the Application for condonation of delay allowed, so that the appeal preferred by the Petitioner can be registered and proceeded further in accordance with the law, subject however, to permit the Respondent to file cross-appeal in the said appeal. 5. It is further jointly prayed that additional direction be issued in this Petition that the Appeal as well as proposed cross-objection to be filed by the Respondent, both be heard alongwith the reference proceedings being Reference (IC) No.26 of 1985 and Reference (IC) No.19 of 1985, as the questions raised in the Appeal would be overlapping with the issues raised in the said proceedings. 6. Accordingly, these Petitions are allowed on the above terms. 3 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)