1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2415 OF 2009 M/s. Cambata Aviation Pvt. Ltd. .. Petitioners V/s. Bharat T. Mulik & Anr. .. Respondents .... Mr. Kiran Bapat a/w. Mr. Jayesh Desai i/b. Desai & Desai Associates. Mr. R. V. Sankpal for Respondent No. 1. .... CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 11, 2010. P.C. This Writ Petition is filed by the Petitioners against the Award dated 12th January, 2009 passed by the 10th Labour Court, Mumbai in Reference (IDA) No. 268 of 2005 holding that the findings arrived at by the Enquiry Officer are perverse. The reasoning given for the findings of the enquiry officer being perverse are found in paragraph 17 of the Award. It is recorded that whenever the date was fixed for cross examination of both the witnesses of the petitioner/management the D. R. was absent and therefore the workman could not cross-examine either of the 2 witnesses. The Court has therefore proceeded to hold that since the Enquiry Officer has recorded the findings without the Management witnesses being cross-examined, the findings are in violation of the settled principle of law and is therefore perverse. The aforesaid reasoning displays total non-application of mind. Both the learned Advocates appearing for the Petitioner as well as the Respondents have in the above circumstances submitted that the matter be remanded back to the 10th Labour Court, Mumbai for a fresh decision on the issue as to whether the findings of the Enquiry Officer are perverse or not. 2. In view thereof, the matter is remanded back to the 10th Labour Court, Mumbai for redetermination of the issue pertaining to the alleged findings of the Enquiry Officer being perverse. The said issue shall be decided by the 10th Labour Court within a period of eight weeks from the date of filing of this order with the 10th Labour Cout, Mumbai. 3. The Writ Petition is, accordingly, disposed of. [ S. J. KATHAWALLA, J. ]