1 1-wp-10360-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10360 OF 2010 The Chairman, Maharashtra State Board of Secondary and Higher Secondary Education, Pune .. Petitioner. V/s. Shri Vinayak L. Padalkar .. Respondent. Mr. S. R. Nargolkar, for the Petitioner. Mr. A. P. Vanarse, for the Respondent. CORAM : K.K.TATED, J. DATE : 3rd AUGUST, 2011. P.C.: 1 Heard the learned counsel for the Parties. 2 By this Petition, under Articles 226 & 227 of the Constitution of India, the Petitioner-Original Respondent challenges the order dated 28th September, 2010 passed by the learned Member, Industrial Court, Pune rejecting Petitioner’s Revision Application (ULP) No.14 of 2008 filed under Section 44 of the MRTP and PULP Act, challenges the order and judgment dated 20th December, 2007 passed by Third Labour Court, Pune in Complaint (ULP) No.17 of 2001 whereby the learned Member has decided 2 1-wp-10360-10.sxw the preliminary issue in respect of the legality of enquiry. Both the counsel made a statement that it is not necessary to give detail reasons for setting aside the impugned order dated 28th September, 2010 by the learned Member, Industrial Court, Pune, and remanding the matter for decision on merit. 3 The learned counsel appearing for the Respondent states that Respondent is present in the Court and after taking instructions from him, he is making the statement. 4 The impugned order dated 28th September, 2010 is set aside. The matter is remanded to the Industrial Court to decide the Revision Application No. 14 of 2008 on its own merits. 5 Considering the facts and circumstances of the present case, the Industrial Court is directed to decide the Revision Application No. 14 of 2008 as early as possible but in any case, within three months from the date of receipt of this order. 6 Parties to act on authenticated copy of this order. (K.K.TATED, J.)