1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No. 911 of 2009 M/s Tool Centre India Pvt. Ltd. ..Plaintiff vs. K.B.Mruthunjaya Acharya ..Respondent Mr.Mahesh A.Shukla for petitioner Mr.R.V.Sankpal i/b R.V.Sankpal and Associates for respondent no.1. CORAM: S.J.KATHAWALLA J. 10th August, 2009 P.C. 1 Rule. 2 By consent rule made returnable forthwith. The learned Advocates appearing for the parties are heard. 3 This writ petition is filed by the petitioner for quashing and setting aside the impugned award dated 29th September, 2008 passed by the 2nd Labour Court, Mumbai in Reference (IDA) No.89 of 2005. By the 2 impugned order the 2nd Labour Court, Mumbai has partly allowed the reference filed by the respondent workman and has directed the petitioner to reinstate the workman with 25% back wages and continuity of service i.e. from 8th September, 2003. Attention of this Court is drawn to the cross examination of the workman (Annexture F page 34) wherein the workman has categorically admitted that he has filed the case for settlement and not for reinstatement. It is pointed out by the learned Advocate appearing for the petitioner that despite this categorical admission on the part of the workman, by the impugned Award, reinstatement has been ordered and there is no reference in the order about the workman categorically stating/admitting that he has filed the case for settlement and not for reinstatement. 3 At this stage, the learned Advocates appearing for the petitioner as well as the 3 workman have agreed that the matter be remanded to the 2nd Labour Court, Mumbai for passing of a fresh order in Reference (IDA) No.89 of 2005 after hearing the learned Advocates for both the parties. In view thereof, the following order is passed by consent of the parties: i) The Award dated 29th September, 2008 passed by the 2nd Labour Court, Mumbai is quashed and set aside. ii) The 2nd Labour Court is directed to pass a fresh order after hearing the learned Advocates for both the parties but without allowing any further evidence to be led by either of the parties and after taking into consideration the evidence which is already on record more particularly the case of the workman in the cross examination that he is seeking only settlement and not reinstatement. The parties shall appear before the 2nd Labour Court, Mumbai on 24th 4 August, 2009 at 11.00 a.m. iii) The 2nd Labour Court, Mumbai shall after hearing them give a reasoned Award as aforestated on or before 31st December, 2009. 4. Petition is disposed of on the above terms. (S.J.KATHAWALLA J.)