WP/2220/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2220 OF 2010 Kalyan Dombivli Municipal Corporation, Thane and Anr. ... Petitioners V/s. Rajesh Balkrishna Kolhatkar & Ors. ... Respondents Mr. A.S. Rao for the Petitioners. Mr. Ravindra Nair for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATE : 14 TH DECEMBER, 2010. P.C. : 1. The Industrial Court, Thane has by the impugned order dated 18th December, 2009 passed in Complaint (ULP) No.16 of 2007 directed the petitioner- Corporation to place on record documents showing that the enquiry is, in fact, completed. The Court has, therefore, directed that the enquiry proceedings must be placed on record before the Court can pass any orders permitting the petitioner-Corporation to take appropriate disciplinary action. 2. In my opinion, this order is incorrect. The petitioner-Corporation has stated in the application that it has completed the enquiry and, therefore, wants to take disciplinary action against the respondent No.1-workman. In these circumstances, WP/2220/2010 2 the question of producing the enquiry proceedings before the Court to establish that an enquiry was held does not arise. The contentions in the main complaint are that the respondent No.1-workman has been harassed by the petitioner- Corporation and that he has not been paid subsistence allowance, nor paid increments and not made permanent. However, none of the prayers sought in the complaint have anything to do with an enquiry or disciplinary action being taken against the respondent No.1-workman. In these circumstances, the Court could not have passed the aforesaid order. 3. Accordingly, the order dated 18th December, 2009 passed by the Industrial Court, Thane on Application at Exhibit “C-8” in Complaint (ULP) No.16 of 2007 is set aside. 4. The petitioner-Corporation is free to take such disciplinary action as is permissible in law against the respondent No.1-workman. 5. The Writ Petition is disposed of.