WP/6495/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6495 OF 2010 M.S.R.T.C. ... Petitioners V/s. Eknath G. Thakare ... Respondent Mr.G.A. Karmalkar for Petitioners Mr.M.S. Topkar for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 19, 2010 P.C.: 1. The petitioners are aggrieved by the order passed by the Industrial Court on 5.2.2010 directing them to permit the respondent to continue in service despite an order terminating his services on 5.5.2009. The Industrial Court has set aside the order passed by the Labour Court, Ratnagiri dated 22.6.2009. 2. The respondent had filed the complaint before the Labour Court on several grounds and had simultaneously sought interim relief to the effect that he should be continued in service. The Labour Court passed an order on 7.5.2009 restraining the Petitioners from terminating his services. However, on the returnable date, the petitioners pointed out that the services of the respondent had been terminated on 5.5.2009 itself and therefore the order passed by the Labour Court, restraining the respondent from terminating the services, had become infructuous. The Labour Court, therefore, dismissed the application for WP/6495/2010 : 2 : interim relief. Aggrieved by that order, the respondent filed a revision application. Surprisingly, the Industrial Court has granted that revision application although it was aware that the order dated 7.5.2009 restraining the petitioners from terminating the services of the respondent had become infructuous. 3. Having heard the parties to the petition, I am of the opinion that the Industrial Court has erred in passing the impugned order and in setting aside the order passed by the Labour Court on 22.6.2009. 4. The Petition is therefore allowed. Mr.Topkar appearing for the respondent, submits that he be granted liberty to amend the complaint. That application would have to be submitted before the Labour Court. In case such an application is made, the Labour Court shall consider it on its own merits.