* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 388 OF 2009 IN WRIT PETITION NO. 562 OF 2007 The Indian Hotels Co.Ltd ...Appellant/Orig.Petnr. V/s. Shramik General Kamgar Union & Ors. ....Resps/Orig.Resps ----- Mr.C.U.Singh, Senior Advocate i/by.Mulla & Mulla & Craigie Blunt & Caroe, adv.for appellant. Mr.Rahul Herlekar, adv.for respondent no.1. Mr.Karl F.Tamboly i/by.Harish Joshi & Co.,adv.for respondent no.2. CORAM :- J.N.PATEL, & SMT.R.P.SONDURBALDOTA, JJ. DATED :- 4TH SEPTEMBER, 2009. P.C. 1. Heard counsel for the parties. 2. Our attention has been drawn to the fact that by order dated 25th February, 2009 passed below Exhibit-U 72 in Complaint (ULP) No.1009 of 1994, the learned Member of the Industrial Court, Mumbai has disposed off the application with liberty to the complainant to approach the appropriate Government to treat the proceedings of the Complaint (ULP) * 2 * No.1009 of 1994 as a failure report and refer the matter for adjudication to the court and as specifically clarified that it is for Government to refer the matter to the court by calling the records and proceedings of the complaint (ULP) No.1009 of 1994 for referring the matter to the court with the record of the complaint. In view of this, the impugned orders dated 11th July 2007 and 24th April 2008 in Writ Petition No.562 of 2007 and Review Petition No.47 of 2007 respectively passed by the learned Single Judge of this court does not survive. The same are quashed and set aside. The appeal stands disposed off accordingly. 3. Before finally parting with the order, we may observe that the appropriate government i.e. the State Government to expedite the decision in the matter of making the reference. (SMT.R.P.SONDURBALDOTA, J) (J.N.PATEL, J)