IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4187 OF 2001 Union of India ... .... Petitioner V/s National Railway Mazdoor Union & Ors... ..... Respondents. Mr.Suresh Kumar, Adv. for the petitioner. Mr.R.G.Bhatt with Sunil Dighe, Adv. For respondents 1 and 2. CORAM: V.G. PALSHIKAR, Ag.C.J. AND SMT.NISHITA MHATRE, J. 31.01.2006. PC: By this petition the petitioner Union of India challenges the order dated 1.5.2001 passed by the Central Administrative Tribunal, Bombay Bench, Bombay on O.A.No.66 of 2000. 2. Learned counsel appearing on behalf of Union of India pointed out to us the judgment of the Supreme Court of India reported in the case of V.Kameshwari V/s Union of India & Ors., 1993 Supp (2) SCC 407 interpreting the Railway Board Instructions contained in para 2511 as amended on 7.5.1983 and contended that the order impugned is contrary to this and therefore is liable to be set aside. However learned advocate was fair enough to submit that this judgment though reported in the year 1993 was not cited before the Tribunal. An order of the Tribunal cannot be impugned with reference to a point which was not raised or pointed out to the Tribunal. Several other contentions are raised both by the petitioner as also by respondents in relation to interpretation of the Rules applicable. In our opinion, interest of justice will be served if the impugned order dated 1.5.2001 is set aside and the matter is remitted back to the Central Administrative Tribunal, Bombay Bench, Bombay for hearing de novo after taking into consideration the judgment of the Supreme Court in the case of V.Kameshwari (supra) and such other submissions as may be made by both the parties before it. 3. Taking into consideration the fact that the amtter is pending for last 10 years or more the Tribunal is requested to decide the Original Application No.66 of 2000 in accordance with law and observations made hereinabove as early as possible preferably within six months from the date of receipt of this order. Petition accordingly stands disposed of. 31.01.2006