1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8578 OF 2009 Dhanaji Babu Mangle ..Petitioner V/s Gram Panchayat, through Sarpanch & Ors. ..Respondents ---- Mr.Mihir Desai for the petitioner. Mr.S.S.Tambekar AGP for the respondents. ---- Coram : R.S.MOHITE,J Date : 9th November, 2009. PC 1 Heard both sides. This writ petition is filed by the original workman whose complaint under MRTU & PULP Act was allowed ex-parte. The employer filed an application for setting aside the ex-parte decree but there was a delay in filing the same and the labour court condoned the delay. The matter was carried in revision to the Industrial Court and the Industrial Court remanded the matter. In the meanwhile, the employer preferred a revision against the ex-parte order and that revision has also been partly allowed and the matter has been remanded back for re-consideration on merits. It is sought to be contended that there are number of observations made by the revisional court in the impugned order. I find that in the facts of this case order of remand has been passed for cogent reasons and is necessary. It is however, made clear that labour court will re- decide the issue after remand without being influenced by observations made by the Industrial court. It is also made clear that since the main ex-parte order itself has now been 2 set aside, the application for restoration as well as application for condonation of delay therein are no longer survive are rendered infructuous and stand disposed off accordingly. Writ petition disposed off accordingly. (R.S.MOHITE,J)