1 wp3195-11.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3195 OF 2011 Gannon Dunkerley & Co. Ltd. .. Petitioner Vs. Rajkesh Tukaram Pawar and Anr. .. Respondents Mr.R.V.Paranjpe for the petitioner Mr.Neel Helekar for respondent no.1 CORAM: K.K. TATED, J. DATE: 2nd MAY, 2011 PC: 1. Heard the learned counsel for the parties. 2. By this petition, under Article 226 and 227 of the Constitution of India, the petitioner is challenging the order dated 01.10.2010 passed by the learned Industrial Court, Mumbai below Exh.U-2 directing the petitioner to allow the respondent to work as earlier or to pay 75% 2 wp3195-11.doc wages if he is not allowed to work or deposit the same alongwith arrears i.e. unpaid wages of 19,900/- in the court. 3. The learned counsel for the petitioner submits that in original reference (IDA) No.233 of 2008, they were not made a party and therefore there is no question of complying the original order dt.16.4.09 passed by the learned Judge, 10th Labour Court, Mumbai. 4. The learned counsel for respondent no.1 after taking instructions from his client makes a statement that respondent no.1 may be permitted to delete the name of petitioner i.e. Gannon Dunkerley and Co. Ltd from complaint (ULP) No.459 of 2009 pending before the Industrial Court at Mumbai. 5. Same is allowed. In view of the withdrawal of the complaint by respondent no.1 against petitioner, nothing survives in the present Writ Petition. Same is disposed of accordingly. (K.K.TATED,J.) 3 wp3195-11.doc