1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.495 OF 2009 The Bombay School Sports Association & Anr. ..Petitioners. V/s. Bhartiya Kamgar Karmachari Mahasangh. ..Respondent. Mr.J.S.Kini i/b. Mr.Suresh Dubey for petitioners. Mr.G.S.Baj for Respondent. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : APRIL 15, 2009. : APRIL 15, 2009. : APRIL 15, 2009. P.C. P.C. P.C. : : : 1. Heard. 2. Rule. Rule made returnable forthwith by consent. Mr.Baj waives notice for Respondent. 3. As short question is involved, Petition is taken up for final disposal forthwith by consent. 4. This Writ Petition takes exception to the Judgment and Order passed by the Member, Industrial Court dated 2nd July, 2008 in Complaint(ULP) No.642 of 2004. In this case, however, the Petitioner appeared before the Tribunal, but did not lead any evidence, as is stated in the impugned Judgment. For 2 the reasons recorded in the companion Writ Petition being WP No.496/2009 and the arrangement agreed upon between the parties as stated therein, even this Petition succeeds on the same terms. 5. The impugned Judgment and Order is set aside. Instead Complaint(ULP) No.642 of 2004 is restored to file to its original number to be proceeded afresh after giving opportunity to the Petitioner to contest the claim of the Respondent. All question in the said complaint are left open to be decided on its own merit in accordance with the law. 6. The parties shall appear before the Industrial Court on 8th June, 2009, on which date the Industrial Court may proceed with the hearing of the restored complaint, to be decided as expeditiously as possible preferably by end of December, 2009. 7. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)