IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.48 OF 2009 Mr.V.B. Nair ...Petitioner Vs. M/s. Britannia Industries Ltd. & Anr. .. Respondents --- Mr.B.J. Sawant for Petitioner Mr.R.N.Sulgaonkar i/b. M/s. Sulgaonkar & Co. for Respondent No.1 ---- CORAM: V.M. KANADE J. DATED 28TH APRIL, 2009 P.C. 1. Heard the Learned Counsel appearing on behalf of the Petitioner and the Respondents. 2. The Petitioner is challenging the award dated 26.10.2007 passed by the Industrial Tribunal in Reference (IT) No.26 of 2005. 3. The main grievance of the Petitioner is that though arguments were advanced in respect of the fairness of the enquiry, the award that has been passed by the Industrial Tribunal is in respect of the part II award by recording the finding that finding recorded as per the report was not perverse and punishment awarded was also not disproportionate to the misconduct committed by the Petitioner herein. 4. In my view, the Tribunal has clearly committed an error which is apparent on the face of record in passing of composit award in respect of the part 1 and 2 award which has been passed. Since no opportunity was given to the Petitioner and to the Respondents to make their submissions in respect of the findings of the Enquiry Officer in respect of the report and also in respect of the punishment awarded that part of the award which records that the finding is not perverse and punishment is not disproportionate, will have to be set aside. 5. In these circumstances, the petition is allowed. The findings recorded by the Industrial Court in respect of issue nos.1 and 2 are upheld. The findings in respect of issue nos.3,4 and 5 are, therefore, set aside. Matter is remanded back to the Industrial Court. The Industrial Court, after hearing both the parties, shall decide and pass the award as expeditiously as possible, and preferably, within a period of six months. 6. Writ petition is, accordingly, disposed of. V.M. KANADE J.