1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4649 OF 2010 (Executive Engineer, Maharashtra Jivan Pradhikaran & Anr. vs. Abdul Sabir Abdul Waris) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 02, 2010. Heard Mrs. Deshpande, learned counsel for the petitioners and Shri Sirpurkar, learned counsel for the respondent. Though respective counsel have raised various contentions on merits, I find that the petitioners specifically raised defence before the Labour Court and pointed out that Water Supply Scheme in which the respondent was working is no longer with them and it has been handed over to Municipal Council, Murtizapur. In spite of this objection, Municipal Council, Murtizapur has not been joined as party respondent. As the Scheme is not with the petitioners, it cannot reinstate the respondent and as Municipal Council is not party in the proceedings, award is not binding upon Municipal Council. In this situation, Shri Sirpurkar, learned counsel is requesting for permission to join Municipal Council, Murtizapur, as party. Leave is granted. The respondent is permitted to move appropriate application before the Labour Court at Akola, seeking appropriate amendment 2 to reference. Only for said purpose, impugned award dated 16.04.2010 is quashed and set aside and proceedings in Reference IDA No. 34 of 2007 are restored back to the file of Labour Court, Akola. The respondent shall move an application seeking amendment of Reference before that Court and Labour Court shall forward the said matter to competent authority for getting the reference amended in accordance with law. The competent authority shall take appropriate steps in this respect within a period of six weeks after such papers are received by it from Labour Court. After reference is amended, Labour Court shall issue notice to Municipal Council, Murtizapur and proceed further with the adjudication of the controversy afresh in accordance with law. As the matter is old and the respondent is already 53 years of age, the proceedings in Reference are expedited. After amended reference is received, Labour Court shall attempt to decide the same as early as possible and in any case within a period of one year thereafter. It is made clear that Labour Court shall not be influenced by any findings and observations recorded in Award dated 16.04.2010 and shall apply its mind independently. Writ Petition is partly allowed. Rule is made absolute accordingly. No order as to costs. JUDGE *GS.