1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1316 OF 2009 The Transport Manager - Thane Municipal Transport .. Petitioner Vs Vilas M. Suryavanshi .. Respondent Mandar Limaye for the petitioner G.M.Savagave for the respondent CORAM : Smt. V.K. TAHILRAMANI, J. DATE : 14th October, 2009 P.C.: 1. Heard the learned counsel for the petitioner - Thane Municipal Transport and the learned counsel for the respondent - original complainant. 2. Various contentions have been raised by the learned counsel for the petitioner in respect of impugned order dated 01st August, 2008 passed by the Industrial Court. I have perused the order. The first RMA wp1316-09.sxw 2 issue framed by the Industrial Court is as under: 1. Whether the complaint is barred by limitation? 3. On perusal of the impugned order, it is seen that though the issue has been framed, there is no discussion on the said issue nor any findings on that issue. The case of the petitioner is that there is inordinate delay in filing the complaint. According to the learned counsel for the petitioner, cause of action arose in 1998 and the complaint has been filed in 2007. However, the learned counsel for the respondent states that the act of the petitioner is recurring one and there is no question of delay. In any event, it is for the Industrial Court to decide whether there is delay or not, especially in view of the fact that the issue has been specifically framed by the Industrial Court. Hence, the order dated 01st August, 2008 is set aside. The Industrial Court to decide the issue of limitation first and thereafter, to consider all other issues afresh in accordance with law. 4. The parties to appear before the Industrial Court on 12th November, 2009. The Industrial Court to dispose of the matter as expeditiously as possible. RMA wp1316-09.sxw 3 5. All contentions of both sides are kept open. 6. The writ petition is disposed of. (SMT. V.K. TAHILRAMANI, J) RMA wp1316-09.sxw