1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 440 OF 2009 Municipal Corporation of Gr.Bombay. ..Petitioners. V/s. The General Secretary, BEST Workers’ Union. ..Respondent. Mr. S.K.Talsania, sr.Counsel a/w. Ms.Kavita Anchan i/b. M.V.Kini & Co. for Petitioners. Mr.M.D.Nagle for Respondent. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : APRIL 8, 2009. : APRIL 8, 2009. : APRIL 8, 2009. P.C. P.C. P.C. : : : 1. Counsel for the Respondent has rightly invited my attention to the clauses 4 and 5 of the impugned order. If the Petitioners were to comply with the said direction of the Industrial Court, in all probability, by now, the main complaint would have been disposed of. No good reason is forthcoming as to what prevented the Petitioners to comply with the said direction since September, 2008. In my opinion, no interference in exercise of Writ jurisdiction is warranted in the fact situation of the present case. 2. At the same time, it is clarified that the Industrial Court will have to decide the complaint on 2 its own merit in accordance with law. All questions in the said complaint are left open to be considered on its own merit. 3. The time given by the Industrial Court for filing Written Statement in the impugned order however, is extended till 24th April, 2009 and the time mentioned in Clause 4 of the order, will now stand extended till 30th June, 2009. 4. Petition disposed of accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)