1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5286/2009. Ekambar B. Deogade -: versus :- The Central Bank of India and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 02, 2010. Heard Shri Marpakwar, learned counsel for petitioner, Shri B. Lahri, learned counsel for respondent nos. 1 and 2 and Shri S.K. Mishra, learned ASGI for respondent no.3. It is apparent that the impugned order dated 04.05.2009 refuses to make a reference on the ground that petitioner is not a workman. Whether petitioner is or is not a workman under Section 2[S] of the Industrial Disputes Act, can be adjudicated upon after regular trial and that cannot be a part of function of an authority entrusted with the responsibility of making reference. The impugned order dated 04.05.2009 is therefore, quashed and set aside. Respondent no.3 is directed to forward appropriate failure report to the competent Authority in this respect for its further prosecution in accordance with the law. Respondent no.3 shall forward the failure report 2 within a period of 6 weeks and the competent Authority shall thereafter take a decision on it and reference, if any shall be made within a further period of 6 weeks, thereafter. Rule accordingly. Writ Petition is allowed. No cost. It is made clear that the question whether the petitioner is or is not a workman, is kept open. JUDGE Rgd.