WP/1172/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1172 OF 2010 The State of Maharashtra Thru’ The Deputy Regional Employment Officer, Kolhapur & Ors. ..Petitioners V/s. Ravindranath Shripati Vandre ..Respondent Mr. A.P. Vanarse, AGP, for the Petitioners. Mr. K.S. Patil for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATE : 24 TH AUGUST, 2010. P.C. : 1. The Writ Petition challenges the order dated 4th April, 2009, passed by the Industrial Court, Kolhapur, in Complaint (ULP) No.132 of 1998, directing the petitioners to consider the case of the complainant, i.e. the respondent herein, for regular appointment on the post of “Full Time Safai WP/1172/2010 2 Kamgar”. No direction has been given by the Industrial Court regarding the immediate absorption of the respondent. All that the Industrial Court has directed is that the respondent’s case should be considered for appointment as a “Full Time Safai Kamgar” from the date he has completed 240 days. 2. An affidavit has been filed by one Shri. Vasant Shivling Malkar, In-charge Assistant Director, Office of the District Employment and Self- Employment, Guidance Centre, Kolhapur. Mr. Vanarse, the learned AGP appearing for the petitioners, seeks leave to delete sub para (2) of paragraph No. 2 of this affidavit. The deletion is permitted. 3. Although the Industrial Court has passed an order directing the petitioners to consider the absorption of the respondent as a “Full Time Safai Kamgar”, the issue still remains as to whether the WP/1172/2010 3 office of the District Employment and Self- Employment, Guidance Centre, Kolhapur is an “Industry”. The Writ Petition has been amended on this issue contending that the Industrial Court ought to have framed an issue regarding its jurisdiction as the office of the Deputy Regional Employment Officer of Kolhapur cannot be considered as an “Industry” as defined under Section 2(J) of the Industrial Disputes Act. 4. Although this issue has been raised in this Writ Petition, in my view, it would be necessary to remand the matter to the Industrial Court to consider whether the Complaint (ULP) No.132 of 1998 itself is maintainable in view of the petitioners’ contention that the aforesaid office is not an “Industry”. WP/1172/2010 4 5. Accordingly, the Writ Petition is disposed of by passing following order : “O R D E R” (i). The impugned Judgment and Order dated 4th April, 2009, passed by the Industrial Court, Kolhapur, in Complaint (ULP) No.132 of 1998 is set aside and the Complaint (ULP) No.132 of 1998 is remanded to the Industrial Court, Kolhapur for a fresh trial. (ii). The Industrial Court, Kolhapur shall decide whether the Deputy Regional Employment Office situated at Kolhapur is an “Industry”. (iii). The Industrial Court, Kolhapur shall also consider as to WP/1172/2010 5 whether the respondent herein would be entitled to any relief. (iv). The Industrial Court, Kolhapur shall decide the Complaint (ULP) No.132 of 1998 within a period of two years from today. (v). In case an application is made by the petitioners herein to amend their pleadings in the written statement by raising the issue of jurisdiction of the Industrial Court to decide the Complaint, the Industrial Court, Kolhapur will permit the petitioners to do so. The Industrial Court, Kolhapur will also permit the complainant, i.e. the respondent herein, to amend the Complaint, if necessary, or to file additional pleadings. WP/1172/2010 6 (vi). Parties are at liberty to lead both oral and documentary evidence. (vii). All issues will be decided together by the Industrial Court, Kolhapur. (viii).Parties shall appear before the Industrial Court, Kolhapur on 13th September, 2010 at 11:00 A.M. for further directions. (ix). All parties concerned to act on an authenticated copy of this order.