1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 792 OF 2010 (Nandkishor Ramchandra Khandre vs. MSRTC & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 17, 2010. Heard Shri Jagdale, learned counsel for the petitioner and Shri Wankhede, learned counsel for the respondents. In ULP Complaint filed by the petitioner, challenging second show cause notice, Labour Court had granted interim order after noticing that some disputed questions arise for determination. The respondents approached Industrial Court in revision under Section 44 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act and Industrial Court noticed that in his spot statement, the petitioner accepted that he forgotten to issue notice to six passengers. The statement of those six passengers have also been recorded in his presence. The Industrial Court has thereafter made reference to some excess cash found in the custody of the petitioner. However, that finding is not very relevant at this stage. 2 In this background, the learned counsel for the petitioner states that the Industrial Court has exceeded its jurisdiction by referring to spot statement when way bill was the basic document to be used to determine the guilt. Shri Wankhede, learned counsel for the respondents argues that when the petitioner accepts that he forgotten to issue tickets to six passengers, the way bill becomes irrelevant. The respondents have issued only show cause notice to the petitioner and the petitioner has to reply to it. In reply, it is open to him to take all possible defences and after considering the defences, the final orders can be passed by the respondents. For the present it is sufficient that in his spot statement, the petitioner accepted that he forgotten to issue tickets to six passengers. The learned Member of Industrial Court, therefore, cannot be said to have acted without jurisdiction at this stage by relying upon said statement. It is also clear that because of said statement, the way bill looses its credibility at least at this stage. At this stage, Shri Jagdale, learned counsel states that the petitioner will file his reply to second show cause notice within eight days from today. Shri Wankhede, learned counsel for the respondents states that if the petitioner is filing reply to show cause notice, the respondents have no objection. 3 Accordingly, the petitioner is given time to file reply to show cause notice till 27th February 2010. Writ Petition is accordingly disposed of. No order as to costs. JUDGE *GS.