WP/1304/2011 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1304 OF 2011 Britannia Industries Ltd. ... Petitioner V/s. Krantikari Surksha Rakshak Sanghatana ... Respondent Mr.P.M. Palshikar for Petitioner Ms.Jane Cox for Respondent CORAM: SMT.NISHITA MHATRE, J. DATE: FEBRUARY 21, 2011 P.C.: 1. The order impugned in the present petition has been passed by the Labour Court in Reference (IDA) No.446 of 2004 by which it has refused to delete one of the issues at the request made by the petitioner. 2. Ms.Cox, the learned advocate appearing for the Respondent, states that the respondent accepts that there was a de facto closure on 25.3.2004 and suggests that an issue be framed as to whether any relief could be granted to the workmen concerned in the Reference despite the de facto closure. In these circumstances the impugned order is set aside. 3. The issue No.5 i.e. “Whether the First party proves that it has declared closure of its factory w.e.f. 25.03.2004 by following due process of law?” is deleted and instead, the following issue is framed: WP/1304/2011 : 2 : “Whether the workers concerned in the Reference are entitled to any relief despite the de factor closure of the factory dated 25.3.2004?” 4. Writ petition is disposed of accordingly.