WP/6843/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6843 OF 2010 M/s.Carbon Ever Flow Ltd. & anr. ... Petitioners V/s. Shri Omprakash S. Gaud ... Respondent Mr.S.K. Talsania with M.S. Karnik for Petitioners Mr.S.M. Dharap with R.Gite for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 18, 2010 P.C.: 1. The petition has been filed against the order of the Industrial Court dated 19.7.2010. By this order, the Industrial Court has remanded the complaint to the Labour Court for a decision afresh. The Industrial Court has also directed that the Labour Court should decide the issue whether the respondent is a workman de novo. While doing so, the Industrial Court has directed the petitioner company to reinstate the respondent in service during the pendency of the complaint. 2. Mr.Talsania takes exception to this direction of the Industrial Court to reinstate the respondent. In my view, the objection of Mr.Talsania is well founded. There is no application made before the Labour Court by the workman for interim relief. Despite this, the Industrial Court has chosen to pass such an order. In my opinion, therefore, the order of the Industrial Court granting reinstatement as an interim measure must WP/6843/2010 : 2 : be set aside. Therefore, the operative order of the Industrial Court is modified to the extent that clause (3) is set aside. 3. The Labour Court will decide the complaint uninfluenced by its earlier order as well as the order of the Industrial Court. The Labour Court shall hear and dispose of the complaint within one year from today. 4. Writ Petition is disposed of accordingly.