1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2234 OF 2010 Mumbai Cricket Association .. Petitioner Versus Pramod G. Shinde .. Respondent Mr. H. H. Madon with Ms. Rajani S. Bhor i/by Navdeep Vora & Associates for the Petitioner Mr. Shailesh S. Pat hak for the Respondent CORAM : S. J. KATHAWALLA, J. DATE : 27th October, 2010 P.C.: 1. In this Petition, the Petitioner has challenged the order dated 29th May, 2010 passed by the 12th Labour Court, Mumbai, wherein it is held that the enquiry held against the Respondent- workman was not fair and proper and the findings of the enquriy officer are perverse. However, the Petitioner is allowed to prove the charges of misconduct against the workmen before the Court by adducing evidence. 2. Apart from the fact that in view of the Judgement of the Hon’ble Apex Court in the case of The Cooper Engineering Ltd. Vs. P. P. Mundhe reported in AIR 1975 SC 1900 this is not a petition warranting exercise of jurisdiction of this Court at this Stage, the Petitioner except for stating that a certified copy of the order dated 29 th May, 2010 was received in July 2010, is unable to explain as to why the petition is filed as late as on 5th October, 2010. The learned Advocate appearing for the petitioner is also unable to inform the Court as to 2 when the Petitioner had applied for the certified copy of the impugned order before the Labour Court. The learned Advocate appearing for the Respondent informs the Court that the Labour Court has kept the Reference tomorrow i.e. 28th October, 2010 for the Petitioner to lead its evidence. Any interference by this Court at this stage shall delay the reference and cause prejudice to the workman. However, the Petitioner shall be at liberty to challenge the impugned order after the final award. 3. All rival contentions of the parties are kept open. 4. The writ petition is therefore dismissed in limine with no order as to costs. (S. J. KATHAWALLA, J.)