1 WP NO. 7680/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7680 OF 2009 Oil & Natural Gas Corporation Ltd. ..Petitioner. V/s. Raigad Shramik Sanghatana & Ors. ..Respondents. Mr. J.P. Cama, senior Advocate with G.D. Talreja i/b. G.D. Talreja & Associates for petitioner. Mr. Vijay Gharat for respondent No.1. None for respondent No.2. Ms. J.N. Pandhi for respondent No.3. CORAM : J.P.DEVADHAR, J. DATED : 28TH JULY, 2010. P.C. :- 1. Rule, made returnable forthwith. By consent the petition is taken up for final hearing. 2. The petitioner is aggrieved by the order dated 05/05/2009 passed by the Presiding Officer, CGIT, Court No.2 whereby the application made by the petitioner for deletion of its name from the Reference has been rejected. 2 WP NO. 7680/09 3. In this case, by an order dated 07/07/2004 passed under Section 10(2A)(1)(d) of the Industrial Disputes Act, 1947, the Central Government had referred the industrial dispute raised by the respondent No.1 against the management of DBG Stores, Nhava Suply Base over reinstatement of 21 workmen to the Central Government Industrial Court / Labour Court. A copy of the said order was also forwarded to the petitioner. 4. On an application filed by the petitioner, the Central Government by a Corrigendum dated 01/02/2007 modified the order passed on 07/07/2004 as under:- CORRIGENDUM In this Ministry’s Order of even number dated 7/7/2004, in the second line of the order, the name of the management of “DBG Stores, Nhava Supply Base,” may be read as “M/s. Accumen Engineers Pvt. Ltd. Contractors of ONGC Ltd., DBG Stores, Nhava Supply Base Nhava, Raigad. “ 5. In the light of the Corrigendum, the petitioner sought deletion of the name of the petitioner as the First Party in the Reference. By the impugned order dated 05/05/2009, the Presiding Officer, CGIT, 3 WP NO. 7680/09 Court No.2 rejected the application solely on the ground that a copy of the order dated 7/7/2004 was forwarded to the petitioner. In my view, once a Corrigendum to the original order dated 07/07/2004 is issued by the Central Government, the Reference has to be between the parties referred to in the order dated 07/07/2004 as modified by the Corrigendum dated 01/02/2007. Merely, because, the original order was marked to the petitioner, it cannot be a ground to discard the Corrigendum issued on 01/02/2007. In this view of the matter, having regard to the Corrigendum issued on 01/02/2007, the impugned order passed by the Presiding Officer, CGIT in declining to delete the name of the petitioner from the cause title of the Reference cannot be sustained. 6. Accordingly, the order dated 05/05/2009 is set aside and the application dated 20/07/2007 filed by the petitioner for deleting the name of the petitioner from the Reference is allowed. 7. Rule is made absolute in the above terms with no order as to costs. (J.P.DEVADHAR, J.)