1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7533 OF 2009 M/s Permanent Magnets Limited .. Petitioner Versus Mahipat Yadav .. Respondent Shri Jaiprakash Sawant for the Petitioner Shri Rajesh Gehani, for the Respondent CORAM: MRS. MRIDULA BHATKAR, J. DATED: 19th November, 2009 ORAL ORDER 1. Heard Learned counsel appearing for the parties. 2. This petition is filed challenging the order passed by the Presiding officer, 12th Labour Court, Mumbai dated 4th August, 2009 directing the petitioner Company i.e. Original respondent to pay an amount of Rs.608,340/- to the applicant i.e. original applicant against the difference in wages from the year 1988 till 2003 and amount of an Rs.50,675/- towards bonus, with interest @ 12% per annum since 1987. 3. Learned counsel appearing for the petitioner has pointed that the petitioner has challenged the maintainability of the application of the respondent which made under Section 33(C)(2) of the Industrial Disputes Act, 1947 (ID Act) and the remedy should have been sought under Section 50 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act). 2 4. Learned counsel appearing for the respondent has stated that the Industrial Court, Mumbai, by its order dated 11th October, 1999, held that the respondent-employee is entitled to reinstatement with continuity of service and payment of full back wages. The said order was confirmed by the High Court in writ petition no. 2473/1999. Learned counsel appearing for the respondents submits that it was open for the respondent to seek remedy under Section 33 (C)(2) of the ID Act and also under Section 50 of the MRTU & PULP Act for recovery of the dues. 5. It appearers from the record that though the point of jurisdiction/maintainability of the application under Section 33(C)(2) of the ID Act was agitated specifically, it is not dealt with by the Presiding officer while allowing the said application. Hence, by consent of the parties, the matter is remanded to the concerned Labour Court Mumbai only on the point of maintainability of the application under Section 33(C)(2) of the ID Act. Parties to make their submissions on that limited issue only. 6. The parties to appear before the Labour Court, Mumbai on 5.12.2009 7. The Labour Court to dispose of the matter till 31st January, 2010. 8. The petition is disposed of. (MRIDULA BHATKAR, J.) jpc/-