=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION LETTERS LETTERS LETTERS PATENT PATENT PATENT APPEAL NO.62 OF 2008 APPEAL NO.62 OF 2008 APPEAL NO.62 OF 2008 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.264 OF 2008 NO.264 OF 2008 NO.264 OF 2008 M/s Modi Rubber Ltd. ...Appellants v/s Jitendra K. Tiwari ...Respondent Mr J.P. Cama with Mr K.S. Bapat and Mr Jayesh Desai i/b M/s Desai and Desai Associates for Appellants. Mr Y.M. Pendse for Respondent. WITH WITH WITH LETTERS LETTERS LETTERS PATENT PATENT PATENT APPEAL NO.63 OF 2008 APPEAL NO.63 OF 2008 APPEAL NO.63 OF 2008 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.280 OF 2008 NO.280 OF 2008 NO.280 OF 2008 M/s Modi Rubber Ltd. ...Appellants v/s T. Gopalkrishnan ...Respondent Mr J.P. Cama with Mr K.S. Bapat and Mr Jayesh Desai i/b M/s Desai and Desai Associates for Appellants. Mr Y.M. Pendse for Respondent. =2= CORAM CORAM CORAM : : : D.K. DESHMUKH AND R.S. MOHITE JJ. D.K. DESHMUKH AND R.S. MOHITE JJ. D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 24TH APRIL 2009 24TH APRIL 2009 24TH APRIL 2009 P.C. :- 1. By consent of parties, both the appeals are disposed off in following terms. 2. The order passed by the 2nd Labour Court, Mumbai on the application filed under section 33C(2) of the Industrial Disputes Act 1947 by the respondent and the order passed by the learned Single Judge which is impugned in this appeal are set aside. The application filed under section 33C(2) of the said Act is remitted back to the 2nd Labour Court, Mumbai for de novo consideration in accordance with law. It is left to the discretion of the Labour Court whether the parties are to be permitted to lead any additional evidence or fresh evidence. The Labour Court shall hear and dispose of the application as expeditiously as possible and in any case within a period of six months from the date of receipt of writ of this order by the Labour Court. The parties to appear before the Labour Court with a copy of this order on 8th June 2009. Civil application No.67 of 2008 is disposed off. =3= . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)