WP/8288/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8288 OF 2010 Anil Narayan Jathar ... Petitioner V/s. Print Graphic Systems ... Respondent Mrs.Neeta Karnik for Petitioner Mr.Neel Helekar for Respondent CORAM: SMT.NISHITA MHATRE, J. DATE: FEBRUARY 21, 2011 P.C.: 1. The petition has been filed against the order of the Labour Court, Pune passed on 29.1.2010. A Reference had been made to the Labour Court, Pune for adjudicating the industrial dispute raised by the petitioner which pertained to his reinstatement with continuity of service and full backwages w.e.f. 27.5.2006. It was pleaded by the workmen and his services have been illegally terminated in May 2006 and, therefore, he was entitled to be reinstated. 2. The respondent employer on the other hand contended that it had not terminated the services of the workmen as alleged in the statement of claim. It appears that the Labour Court had directed the petitioner to report for duty in 2008 in view of the stand taken by the respondent employer. WP/8288/2010 : 2 : 3. The Labour Court rather than considering whether there was any termination of service on 27.5.2006 and whether such termination if any, was illegal, has embarked on an enquiry as to whether there was a termination of service on 12.3.2008. The Labour Court has thus traversed beyond the scope of the reference. In my view, the order of the Labour Court would therefore have to be set aside as there is no discussion whatsoever in the award of the Labour Court as to whether there has been a termination of service on 27.5.2006 or whether that termination if any is illegal. 4. The award of the Labour Court in Reference (IDA) No.747 of 2006 is set aside. The Reference is remanded to the Labour Court to decide it afresh. Parties have already led evidence in the matter and therefore the Labour Court will consider that evidence and the pleadings which are on record and pass an award within three months from today. 5. Writ Petition is accordingly disposed of.