1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1440 OF 2009. The Municipal Council, Wani . -: versus :- The Central Indian Trade Union and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JUNE 30, 2010. Heard Shri M.I. Dhatrak, learned counsel for petitioner and Shri S.S. Mujumdar, learned counsel for respondent – Union. Shri Mujumdar, learned counsel states that the resolution passed on 19.01.2007 has been rightly set aside, because it was contrary to the agreement arrived at between the parties before the Conciliation Officer. According to him the resolution was only for years 2007 and 2008 and hence challenge to orders of Industrial Court in present Writ Petition has become infructuous. Shri Dhatrak, learned counsel contends that the Industrial Court could not have considered the validity of the resolution at the instance of the employees who were already out of employment. He further wants to point out that the relationship of employer and employee was not admitted. 2 I find that a complaint was filed by the Union, and as such there was no question of any disputed relationship of employer and employee. The resolution purported to appoint contractor and that contractor was to engage staff for Filteration and Water Supply plant. The said resolution was to operate only for the year 2007-08. In this situation, I find that it is not necessary for this court to interfere at this stage. However, the petitioner Municipal Council is at liberty to take appropriate steps in this respect in accordance with law with advance copy thereof to the respondent Trade Union. The respondent Trade Union shall be free to challenge said decision if it is aggrieved thereby. The Forum considering such challenge shall not be influenced either by this order or by the impugned judgment of the Industrial Court dated 22.10.2008 in ULP Complaint No.18/2007. Hence with this liberty to petitioner, present Writ Petition is disposed of. No costs. JUDGE Rgd.