1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4815 OF 2008 The Regional Provident Fund Commissioner ..Petitioner. Vs. Sunil G. Salunke ..Respondents. .... Mr. Suresh Kumar with Ms. Shraddha Chavan for the Petitioner. None for the Respondents. .... CORAM: DR. D.Y. CHANDRACHUD, J. 6th October, 2008. P.C. : This Petition has been directed to be heard together with Writ Petition 2599 of 2008. In the companion Writ Petition 2599 of 2008 this Court has set aside the award of the Industrial Court dated 10th February, 2003 in Reference (IDA) 496 of 2000 and has restored the reference to the file of the Labour Court at Pune for fresh hearing and disposal. The workman had instituted a complaint of unfair labour practices on the strength of the award which was allowed by the Industrial Court on 27th January, 2005. While disposing of a petition challenging the order in the complaint 2 of unfair labour practices, the Learned Single Judge of this Court by an order dated 20th February, 2008 had observed that the order would not preclude the Petitioner from challenging the ex parte award in appropriate proceedings. As noted above, the challenge to the award has been allowed and the award has been set aside. The workman has now instituted a complaint under Section 48(1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 for action against the Petitioner. In view of the fact that the award has now been set aside by the order passed in the companion writ petition, the proceedings under Section 48(1) shall not survive and shall stand dismissed. The present proceedings shall stand disposed of in the aforesaid terms. There shall be no order as to costs. *****