-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.336 OF 2008 M/s.Hindustan Fastners Pvt. Ltd. : Petitioner V/s. Nashik Workers Union & Ors. : Respondents ... Mr.S.S.Pakale for the petitioner. Mr.Bhavesh Parmar for respondent no.1. Ms P.S.Cardozo, Asstt. Govt. Pleader for respondent no.3. ... CORAM : S.A. BOBDE, J. DATE : FEBRUARY 16, 2009. P.C. 1. After hearing the matter for sometime, it seems appropriate in the interest of justice to set aside the judgement, in view of the cryptic manner in which issue no.2 is answered. In fact, vide paragraph 9 of the impugned judgement, the Industrial Court has merely stated as follows:- "9) ISSUE NO.2: Though the Respondents contended that the complaint filed by the complainant union is not maintainable, the being no material to held (sic) that the complaint filed by the complainant is not -: 2 :- maintainable, hence I answer the Issue No.2 in the negative." 2. The learned Industrial Court was bound to consider the evidence, if any, led by the parties and discuss the issue with reference to the material produced either in the form of list of duties or anything else. The judgement is not sustainable in its absence. There is an error of law apparent on the face of the record. 3. Accordingly, the impugned judgement and order is hereby set aside. The matter is remanded back to the Industrial Court, Nasik, for a fresh decision, in accordance with law. The Industrial Court shall decide the matter not later than six months from the date the parties appear before it. The parties are directed to appear before the Industrial Court on 24.2.2009. The Industrial Court shall decide the matter afresh on all questions which are left open. 4. Rule is made absolute in the aforesaid terms. S.A. BOBDE, J.