1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5234 OF 2009 M/s. Orient Serviues & anr. .... Petitioners vs Shri Madhyukar R. Sawant & anr. .... Respondents Mr.Gobindram D. Talreja with Ms.Shakti Upadhye i/b Gobindram D. Talreja & Associates for the petitioners. Mr.N.M.Ganguli for respondent no.1. CORAM: ANOOP V. MOHTA, J. DATE : 12th April, 2010 P.C.: 1 Rule, made returnable forthwith. Heard finally. 2 The petitioner/management has challenged the impugned order passed by the learned Industrial Court dated 3.10.2008 whereby, after considering the rival contentions, the learned Member has set aside the order dated 27.11.2007 passed by the learned Labour Court and thereby set side the order of granting the reinstatement with full back wages. 3 After hearing both the parties, I see there is no perversity in the reasoning given by the learned Industrial Court for remanding the matter and thereby given opportunity to both the parties to reconsider on all aspects. The challenge to the order of remand on the submission based upon the re-appreciation of the material 2 available on record by the Industrial Court in the writ petition is not permissible for simple reason that having once remanded the matter, both the parties will get full opportunity to raise all the issues. Therefore, there is no question of re- appreciating the same material in the writ petition at this stage. 4 In view of above, I am not inclined to interfere with the order passed by the Industrial Court. However, it is made clear that the parties are at liberty to raise all appropriate pleas or defences before the learned Labour Court in view of the order of remand. The Labour Court may pass appropriate order accordingly after giving full opportunity to both the parties. 5 The petition is accordingly disposed of. No order as to costs. 6 Rule is disposed of accordingly in the above terms. 7 In view of order of remand, the Labour Court to dispose of the matter as early as possible. (ANOOP V. MOHTA, J.)