1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 340 OF 2008 IN WRIT PETITION NO.584 OF 2008 M/s.Bharat Petroleum Corporation Ltd., ...Appellant V/s. M/s.Petroleum Employees Union & Ors. ..Respondents ---- Mr. J.P.Cama Sr.Advocate with R.S.Pai i/by M/s.Sanjay Udeshi & Co. for the appellant. Mr.S.K.Tulsania Sr.Advocate i/by B.J.Sawant for respondent no.2. Mr.A.Y.Sakhare Sr.Advocate with Ms.S.M.Modle for respondent nos.1 & 2. ---- Coram : D.K.Deshmukh & R.S.Mohite,JJ Date : 25th June, 2009. P.C. 1. By consent of the appellant and the respondent no.2 who represents all the workers involved, the appeal is disposed of in following terms :- 2. Learned Counsel for the respondent no.2 stated before us that the respondent no. 1/union is not involved in this matter. The statement is accepted. 3. The order dated 20.6.2008 passed by the learned single Judge of this Court in Writ Petition No.584 of 2008 and the award passed in Reference No.CGIT-2/34 of 2002 by the Industrial Tribunal dated 23.10.2007 is set aside. The proceedings are remitted back to the Industrial Tribunal which shall make a fresh award after 2 granting an opportunity to lead additional evidence to both the parties. 4. While making the award the Industrial Tribunal shall make the award on the basis of the material produced before it without being influenced by the interim order dated 8.1.1997 passed in Writ Petition No.800 of 1996 and subsequent order continuing that order including the present order. 5. Interim stay granted by the order dated 9.1.1997 passed in Writ Petition No.800 of 1996 shall continue to operate during the pendency of the proceeding before the Industrial Tribunal. Appeal disposed of accordingly. In view of disposal of appeal, Motion does not survive and stands disposed of accordingly. (D.K.DESHMUKH,J) ( R.S.MOHITE, J. )