1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4233/2007 M/s Lotus Construction Company vs. Mrs. Sharda wd/o Gurudas Walmade and others. ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 30.7.2008 Heard Mr. Borkar, learned counsel for the petitioner and Mr. Mardikar, for respondents. By this petition the petitioner challenges the order dated 6.3.2007 passed by the Labour Court, Nagpur in Complaint Case No. 307/05 by which application filed by the petitioner for dismissal of the complaint has been rejected. Mr. Mardikar points out that the remedy by way of revision before the Industrial Court under Section 44 of the MRTU & PULP Act, 1971 is available to the petitioner. Mr. Borkar seeks leave to withdraw the petition with liberty to file revision application before the Industrial Court. Mr. Borkar further submits that the petitioner will file revision application before the Industrial Court within a period of three weeks from today and delay in filing the revision application before the Revisional Court may be condoned since the petitioner has been prosecuting the remedy by way of writ petition in good faith. In view of the above, the petition is allowed to be withdrawn. Liberty to the petitioner to file revision application before the Industrial Court within a period of 3 weeks against the impugned order. If the Revision is filed within three 2` weeks, the Revisional Court shall condone the delay and shall decide the revision application on its own merits in accordance with law. The writ petition stands disposed of in the above terms. Fees payable to Mr. A.S.Mardikar who has been appointed under legal aid scheme on behalf of the respondent is quantified at Rs. 1000/-. Judge patle