1 wp-2057-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 2057 OF 2010. The Municipal Corporation of Greater Mumbai, through the General Manager, Brihan Mumbai Electricity Supply and Transport Undertaking. ..Petitioner. v/s. The General Secretary, BEST Workers' Union & Anr. ..Respondents. .... Mr. P.M. Palshikar, a/w. Ms. Kavita Anchan, i/b. M.V. Kini & Co., for Petitioner. Mr. M.D. Nagle, for Respondents. .... CORAM : S.J. KATHAWALLA, J. DATE : 18TH OCTOBER 2010. P.C. The following order is passed by consent of the parties : (i) The order dated 2nd December 2009 passed by the Fifth Labour Court, Mumbai and the order dated 5th April 2010 passed by the Industrial Court, Mumbai, are set aside and the matter is remanded back to the Fifth Labour Court, Mumbai for a fresh hearing on Application (BIR) No. 10 of 2007. (ii) The Fifth Labour Court, Mumbai, shall allow the parties to lead evidence and hear the Application afresh and dispose of the same within a period of six months from the date of this order. 2 wp-2057-10 (iii) All contentions of the parties are kept open. (iv) Parties shall appear before the Fifth Labour Court, Mumbai, on 25th October 2010 at 11.00 a.m. when the Labour Court, Mumbai, shall pass appropriate directions in the matter. 2. The Writ Petition is accordingly, disposed of, with no order as to costs. [ S.J. KATHAWALLA, J. ]