1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4892 OF 2009 Shri Suresh Gangaram Lad )..Petitioner Vs M/s.Mahindra & Mahindra Limited & Anr. )..Respondents ---- Mr.A.V. Bukhari with Borhan V.Bokhari i/by A.S.Peerzada for the petitioner. Mr.Navraj Jalota with Neha Mehta i/by Haresh Mehta & Co. for the respondents. ---- Coram : R.S.MOHITE,J Date : 25th November, 2009. PC 1 Heard both sides. 2 On the question of perversity of the inquiry officer’s finding the evidence on record has not even been referred to. The record indicates that a very serious allegation has been made against the petitioner regarding demanding monies from the customers of the company who were supplying materials to the company. There is no complaint made by the two companies who are mentioned in the charge-sheet at any stage. On the contrary, one of the company has given a letter two days after the show cause notice was issued which does not refer to any demand of money. 2 3 In my view matter can be disposed off finally In the circumstances, rule. By consent of parties, matter is taken up for final hearing forthwith. 4 In my view, the matter can be disposed off with order of remand. The impugned judgment and order is set aside and the presiding officer, 4th labour court, Mumbai, is directed to pass a fresh awards after dealing with the evidence which has been adduced before the inquiry officer. Both parties agree that fixed date may be given. Matter to appear on the board of the concerned labour court on 11th January, 2010. (R.S.MOHITE,J) 3