1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 1665 OF 2008 Mr. Rajaram Chandgotia. .... Petitioner. V/s. Mr. Abhay S. Birje. .... Respondent. ....... Mr. Kishore Shetty for the Petitioner. Mr. Sunil R. More for the Respondent. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 02ND APRIL 2008. P.C. :- The learned Counsel have fairly stated before the Court that the facts of the present Petition are similar to those of Writ Petition 1664 of 2008 which has been allowed by an order passed today. The Petitioner before the Court was impleaded in his capacity as an Executive Director of the Company in liquidation to the application under Section 33C(2) of the Industrial Disputes Act, 1947. The Petitioner was not a party to the original reference under Section 10. It 2 is an agreed position for the Respondent was an employee of the Company which is in liquidation. In these circumstances, for the reasons indicated in the judgment in the companion Petition, the order of the Labour Court fastening the liability under Section 33C(2) of Industrial Disputes Act, 1947 upon the Petitioner will have to be quashed and set aside and it is accordingly quashed and set aside. The Petition shall stand disposed of in the same terms as companion Writ Petition 1664 of 2008. There shall be no order as to costs. ------