bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4760 OF 2008 PETITION NO. 4760 OF 2008 PETITION NO. 4760 OF 2008 Maharashtra State Co-op. Marketing Federation Ltd. & anr. ... Petitioners v/s Mr.Dilip Murlidhar Lanke & ors. ... Respondents Mr.Madhukar Kalzumkar alongwith Mr.Suhas Patil i/by M/s.Navdeep Vora & Associates for the petitioners. Mr.S.S.Pakale for the respondent No.1. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 13TH AUGUST, 2008 13TH AUGUST, 2008 13TH AUGUST, 2008 P.C. P.C. P.C.: 1. The petitioners take exception to the order dated 9.6.2008 passed by the Industrial Court, Nashik. The order indicates that the advocate for the respondent workman has sought an adjournment for filing a reply in the application for stay of the order passed by the Labour Court. The Industrial Court has disposed of the interim application filed by the petitioners in the Revision Application (ULP) No.30 of 2008 without any discussion in respect of the submissions advanced by either side. By a cryptic order, the Industrial Court has stayed the back wages and directed the petitioners to implement the order in respect of the reinstatement 2 and continuity of service. Undisputedly, the respondent workman was not in service during the pendency of the complaint. In these circumstances, therefore, there was no need for the Industrial Court to grant ad-interim relief or for that matter dispose of the interim application without considering the arguments of both the parties. 2. In this view of the matter, the impugned order dated 9.6.2008 passed below Exh.C-3 in Revision Application (ULP) No.30 of 2008 is set aside. 3. The interim application Exh.C-3 shall be disposed of by 30th August, 2008, after hearing the parties. 4. The respondent No.1 workman shall file his reply by 22.8.2008. Rejoinder, if any, shall be filed by 26th August, 2008. 5. The impugned order having been set aside, the petitioners are not bound to implement the order of the Labour Court dated 24.4.2008 till the Industrial Court disposes of Exh.C-3. 6. Writ petition stands disposed of accordingly.