1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9929 OF 2009 ... M/s.Golden Spices Corporation Mr.T.A.Babu-Partner ...Petitioner v/s. Grocery Markets & Shops Board and another ...Respondents ... Mr.P.M.Bhagat for the Petitioner. Mr.S.M.Chinchwadkar with Mr.Rahul Oak for Respondent No.1 Mrs.M.P.Thakur for Respondent No.2. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:3 rd December, 2009 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. 2 2. The Petitioner by this petition makes a grievance against the determination of amount by the Inquiry Officer under Section 13 of the Maharashtra Mathadi Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. It is an admitted fact that before holding inquiry, the Inquiry Officer issued notice to the Petitioner to appear before him, but the Petitioner did not appear. The only defence of the Petitioner- company is that they did not realise the seriousness of the consequence of the inquiry that the inquiry officer was holding. Really speaking this explanation is not capable of being accepted. However, the learned Counsel for the Petitioners stated that the Petitioners are willing to deposit the amount to show their bonafides and that the Petitioners should be given an opportunity of 3 being heard before the Inquiry Officer. 3. After having heard the learned Counsel appearing for the Respondents and after considering the facts and circumstances of the case, in our opinion, following order would meet the ends of justice. O R D E R (i)On the petitioners depositing an amount of Rs.1,22,000/- with the Respondent/Board, within a period of four weeks from today, the order impugned in the petition will stand set aside. Then, the Petitioners shall appear before the Inquiry Officer on 1-2-2010 and submit whatever they want to submit in their defence. 4 (ii) The Inquiry Officer shall, thereafter, hold inquiry in accordance with law and pass a fresh order determining the amount due. It is clarified that the Inquiry Officer in inquiry can determine the amount that may be due from the Petitioners up to date in accordance with law. (iii)The amount deposited by the Petitioners shall be held by the Board subject to the order that may be made by the Inquiry Officer. The Board shall invest the amount in fixed deposit in any nationalised bank during the pendency of the inquiry. (iv) If the Petitioners fail to deposit the amount within the aforesaid period, this petition shall be treated as dismissed. 5 (v)It goes without saying that for a period of four weeks, the Respondent-Board shall not take any action to execute the order impugned. (vi)Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)