- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 255 OF 2005 IN WRIT PETITION NO.276 OF 1997 ... M/s.Gannon Dunkerley & Co.Ltd. ...Appellant v/s. 1.Mr.G.S.Baj, Member Industrial Court, Mumbai 2.Mr.R.Rajamani Ponniah ...Respondents ... Mr.C.J.Sawant i/b Mr.R.V.Paranjape for the Appellant. Mr.K.S.Bapat for Respondent No.2. ... CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. DATED: 16TH JANUARY, 2008 - 2 - P.C.: By consent of parties the Appeal is disposed of in following terms:- (1) The order passed by the Industrial Court which was impugned before the learned single Judge as also the order passed by the learned single Judge, which is impugned in this appeal are set aside. (2) The original complaint is remitted back to the Industrial Court for denovo consideration and decision in accordance with law. (3) It is directed that the Industrial Court shall also decide the issue whether the reliefs claimed by amendment by the Respondent were barred by the law of limitation. (4) It is common ground that presently pursuant to the order of the Industrial Court the Respondent has been reinstated in service. During the pendency of the complaint before the Industrial Court the Respondent shall continue to be in the service of the - 3 - Petitioner, subject to the decision of the Industrial Court. (5) It is further directed that in case the Industrial Court makes an order adverse to the interest of the Respondent, the parties shall maintain status-quo, despite the order of the Industrial court, for a period of four weeks from the date of the order. (6) All contentions available to both the sides are kept open to be raised before the Industrial Court. Parties shall also be at liberty to lead additional evidence, both documentary & oral. (7) Appeal disposed of. (D.K.DESHMUKH, J.) (V.M.KANADE, J.) - 4 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.307 OF 2006 IN LETTERS PATENT APPEAL NO. 255 OF 2005 IN WRIT PETITION NO.276 OF 1997 ... M/s.Gannon Dunkerley & Co.Ltd. ...Appellant v/s. 1.Mr.G.S.Baj, Member Industrial Court, Mumbai 2.Mr.R.Rajamani Ponniah ...Respondents ... Mr.C.J.Sawant i/b Mr.R.V.Paranjape for the Applicant. Mr.K.S.Bapat for Respondent No.2. ... CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. - 5 - DATED: 16TH JANUARY, 2008 P.C.: Civil Application does not survive for consideration. Disposed of as such. (D.K.DESHMUKH, J.) (V.M.KANADE, J.)