1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 827 OF 2009 Shailesh D. Rachh. ..Petitioner. v/s. National Textile Corporation (Western Region) Ltd. & Anr. ..Respondents. Mr.P.M.Patel for petitioner. Mr.Meena Doshi for respondents. CORAM:- A.M.KHANWILKAR, J DATED :- JUNE 15, 2009. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith by consent. Mrs. Doshi waives notice for Respondents. 3. This Petition takes exception to the Judgment and Order passed by the Industrial Court dated 6th January, 2009 in Complaint(ULP) No.248 of 2 2003. For the nature of order, that I propose to pass, it is not necessary to elaborate all the points which are argued across the bar before this Court. 4. Suffice it to observe that I am in agreement with the grievance made by the Petitioner that the Industrial Court has disposed of the Complaint in most cryptic manner. Counsel for the Respondents however, argues that it is open to the Respondents to support the ultimate conclusion of the Industrial Court by citing facts and reasons to suggest that the Petitioner eventually may not succeed in the proceeding, even if this Court were inclined to remand this matter. However, that cannot be the basis to answer the point in issue. The fact remains that the Judgment under appeal does not analyse the relevant facts and moreso, the evidence adduced by the parties-except to observe that the Complainant has not made out as to on which post he was working and what were his wages earlier while he was working with the Respondent Mill. According to the Petitioner, he was working in the Head Office and was ordered to be reinstated in the Head Office in terms of order dated 10th August, 2001. Obviously, therefore, he was expected to be reinstated in the post of clerk in the Head Office. Instead, he has been posted in the Mill, which is not inconformity with the order dated 10th August, 2001. However, this 3 grievance will have to be examined thread bare by the Industrial Court in the first place. Indeed, all argument available to the Respondent will have to be considered by the Industrial Court on its own merits in the first place. 5. For the aforesaid reasons, I am inclined to set aside the impugned Judgment and Order and instead, relegate the parties before the Industrial Court for reconsideration of the complaint on its own merit in accordance with law. All question are left open to be decided on its own merit. 6. Petition disposed of on the above terms. (A.M.KHANWILKAR, J)