1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2398 OF 2008 Poona Construction & Machinery Equipment Pvt. Ltd. ..Petitioner. Vs. Pandurang Krishna Bhosale ..Respondent. .... Mr. Kiran S. Bapat with Mr. Jayesh Desai and Mr. T.R. Yadav i/b M/s. Desai & Desai Associates for the Petitioner. Mr. Mahesh Thorat for the Respondent. ..... CORAM: DR. D.Y. CHANDRACHUD, J. 15th April, 2008. P.C. : 1. At the hearing of the Petition, Counsel appearing for the Petitioner has sought to rely upon an agreement dated 23rd March, 2007 entered into by the Petitioner under which a license has been granted in respect of the entire premises more particularly detailed therein for the purpose of carrying on manufacturing activity. It has been urged that in the circumstances, and particularly in the light of the finding of the Industrial Court in paragraph 11 of the order, the relation of employer and employee is not undisputed or indisputable and it has been submitted that having regard to the law laid down by the Supreme Court in Cipla Limited v. 2 Maharashtra General Kamgar Union1 and in Sarva Shramik Sangh v. Indian Smelting & Refining Co. Ltd.2, the Industrial Court which had no jurisdiction in the first place to entertain the complaint ought not to have granted interim relief. On the other hand, it has been urged on behalf of the Respondent that the agreement which is now produced on the record was not placed before the Industrial Court. In view of the aforesaid objection, the learned counsel appearing on behalf of the contesting parties are agreed that without the further expression of any opinion by this Court on the merits of the rival contentions, it would be appropriate if the impugned order dated 7th February, 2008 is quashed and set aside and the proceedings are remitted back to the Industrial Court for afresh determination of the application for interim relief. In the circumstances, this Petition shall stand disposed of by consent in the following terms : i) The Petitioner would be at liberty to produce before the Industrial Court at Satara within a period of two weeks from today all the relevant documentary material which is sought to be relied upon in support of the submission that there is no employer and employee relationship as between the Petitioner and the workmen 1 2001 I CLR 754 SC. 2 2003 II CLR 949 SC. 3 concerned and that the workmen to whom the complaint relates are employees of M/s. Mass Systems; ii) The Respondents shall also be at liberty to produce such further material as they may seek to rely upon in support of their submission that there is an undisputed relationship of employer and employee; iii) Counsel appearing for the Petitioner states that the contract of M/s. Mass Systems has since been terminated on 31st December, 2007, but that until the application for interim relief is disposed of, the status quo as of date shall be maintained in respect of the service of the employees to whom the complaint of unfair labour practices relates; iv) In order to facilitate a fresh determination by the Industrial Court, the impugned order dated 7th February, 2008 is quashed and set aside, without the expression of any opinion by the Court on the merits of the rival contentions between the parties, in terms of the statement made before the Court; 4 v) The Industrial Court is requested to dispose of the application for interim relief expeditiously and preferably within a period of three months from the date on which a certified copy of this order is placed on the record. *****