:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7522 OF 2008 WRIT PETITION NO. 7522 OF 2008 WRIT PETITION NO. 7522 OF 2008 The Brihan Maharashtra Sugar Syndicate Limited, Solapur ..Petitioner versus Pandurang s/o. Damodar Gore & Anr. ..Respondents Ms. A.R.S. Baxi for the Petitioner. Ms. A. N. Helekar for the Respondent No. 1. Ms. A. B. Kololgi i/b. P. D. Pise for the Respondent No. 2. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 1ST APRIL, 2009 DATE : 1ST APRIL, 2009 DATE : 1ST APRIL, 2009 P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. After hearing the matter for some time, the following order is passed by consent:- (i) Impugned Order is set aside. (ii) Respondent No.1 Pandurang Damodar Gore shall be allowed to be represented in the enquiry by Mr. Balasaheb Bhujbal, for which the :2: petitioner has no objection. (iii) Enquiry is directed to go on with Mr. Balasaheb Bhujbal as the respondent No.1’s representative. (iv) The question whether BIR Act applies to the petitioner or whether it does not apply and the Industrial Employment (Standing Order) Act, 1946 applies, is left open subject to the outcome of the petitioner’s appeal against the order cancelling their recognition under the Act. (v) In the event it is held as a result of the appeal that the petitioner was always a BIR Undertaking, they will not challenge the validity of the enquiry proceedings on the ground that the respondent No.1 was represented by Mr. Balasaheb Bhujbal. 3. Rule is made absolute in the above terms. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)