1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition Nos.3613/2007 and 5689/2007. ------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. (In WP No. 3617/2007) Mr. N. R. Saboo, Adv. for the petitioner. Mr. S.S. Deshpande, Adv. for respondents ( In WP No.5689/07) Mr. S.S. Deshpande, Adv. for the petitioners. Mr. N.R. Saboo, Adv. for the respondents. CORAM : A.P. LAVANDE, J. DATED : 18/06/2008. Heard learned counsel for the parties. The above petitions have been filed by the petitioners-applicants as well as respondents in B.I.R. Reference No.1/02 before the Industrial Court at Yavatmal challenging the judgment and award dated 9.2.2007 disposing of Reference under Section 73-A of the Bombay Industrial Relations, Act, 1946. The grievance made by learned counsel appearing for the petitioners in both the petitions is that the Industrial Court has not dealt with issues arising out of the reference and has passed the impugned judgment and order only on the basis of an agreement entered into by the Company with 23 employees. 2 Learned counsel for the petitioners in both the petitions pray that the matter be remanded to the Industrial Court to decide the issues arising out Reference after hearing both the sides. Perusal of the impugned judgment and order discloses that the Reference Court has not dealt with issues arising out of the reference made which the Reference Court was expedited to decide. I, therefore, find merit in the submissions made by learned counsel for the parties that the impugned order is liable to be quashed and set aside on this ground and matters deserve to be remanded to the Industrial Court for afresh decision after hearing both sides. In view of the above, the impugned judgment and order is quashed and set aside and the matter is remanded to the Industrial Court to decide issues arising out of B.I.R. Reference No.1/2002 after hearing both sides. It is made clear that the Industrial Court shall decide the Reference on the basis of the evidence already led by the parties. Needless to mention that all the contentions raised by the petitioners in both the petitions are kept open. The parties shall appear before the Industrial Court on 8th July, 2008 at 11.00 a. m. The Industrial Court shall dispose of the Reference expeditiously and in any case on or before 30th September, 2008. 3 Both the petitions stand disposed of accordingly. JUDGE Ambulkar.