1 wp1887.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1887 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. B.N. Patil, advocate for the petitioner. Mr. P.M. Shinde, advocate for respondent. 1. After hearing Advocates Mr. Patil for petitioner and Mr. Shinde for respondent, I find that the matter needs to be remanded back to Industrial Court to find out the effect of finding of Enquiry Officer in relation to alleged misconduct under Standing Order 16(d). 2. As any observation by this Court in that respect may cause prejudice to the parties, the parties agreed that by consent the said judgment of the Industrial Court dated 11.01.2011 should be quashed and set aside and the matter should be sent back for fresh consideration. 3. Accordingly, the judgment dated 11.01.2011 is quashed and set aside. Revision no. 55 of 2010 is restored back to the file of Industrial Court for taking fresh 2 wp1887.11 decision after hearing the parties in accordance with law as early as possible and in any case within a period of four months from the date of communication of this order to it. 4. The parties are directed to appear before the Industrial Court on 17th April, 2011 and abide by further instructions in the matter. 5. In view of this it is apparent that the judgment delivered on 11.01.2011 in ULP Revision no. 58 of 2010 also can not stand and same is accordingly quashed and set aside. 6. The learned Member of Industrial Court shall decided both the Revisions together. (B.P. DHARMADHIKARI) JUDGE. 17.03.2011 gas/wp1887.11