1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1836 OF 2009 Bombay Hospital Trust .. Petitioner Versus Gracy Pinto and others .. Respondents Mr. S. K. Talsania, Senior Counsel a/w Mr. Sanjay Udeshi i/by Sanjay Udeshi & Co. Mr. Ramesh Bhattad, Joint Director, H.R. of the petitioner present. Mr. U.D. Bhat, for respondent No.1 Ms. Gracy Pinto- Resondent No.1 present. CORAM : S. J. KATHAWALLA, J. DATE : 5th April, 2010 P.C.: 1. By this Writ Petition, the Petitioner has prayed for quashing and setting aside the Award dated 30th June, 2009 passed by the First Labour Court Mumbai. 2. The said Award dated 30th June, 2009 is passed by the First Labour Court, Mumbai after the earlier Award dated 14th September, 2004 was set aside by this Court by its detailed order dated 25th February, 2008,whereby the parties were relegated before the Labour Court for fresh adjudication of the Reference. By the said order dated 25th 2 February, 2008, the First Labour Court, Mumbai was categorically directed to decide the Reference afresh on its own merits in accordance with law, uninfluenced by the observations in the impugned Award dated 14th September, 2004. 3. However, Para-41 of the impugned Award dated 30th June, 2009 shows that the learned Labour Judge has taken cognizance of what was pointed out by his learned predecessor in the Award dated 14th September, 2004. Again in the Award, the learned Presiding Officer of the First Labour Court Mumbai, after holding that the petitioner has not proved the charge of misconduct against the respondent, has, in para 43, directed the petitioner to employ the respondent who was working as a nurse with the petitioner "at any other place of equal rank, having no public contact...... to guard against similar misconduct on her part." The petitioner is directed "to post her at any post in the Hospital of the equal rank having least or no public contact, if so required". 4. The learned Advocates appearing for the parties have therefore agreed before this Court that not only the directions of this Court dated 25th February, 2008 are not followed by the learned Presiding officer of the First Labour Court, but the contents of para 43 of the Award shows non application of mind. In view thereof, by consent of the parties, the order passed by the learned Presiding Officer, First Labour Court, Mumbai dated 30th January is quashed and set aside and Reference (IDA) No. 269 of 2000 is directed to be re-heard and finally disposed of not later than 7th 3 May, 2010. 5. Both the parties have agreed not to lead any further evidence in the matter and only to re-argue the matter before the Labour Court. 6. Since the impugned order is passed by the Presiding Officer, First Labour Court, Mumbai without observing the directions passed by this Court by its order dated 25th February, 2008, the Reference shall be heard by any other Presiding officer of the Labour Court, Mumbai except the Presiding officer who has passed the order dated 30th June, 2009. 7. The parties shall appear before the President, Industrial Court Mumbai on 7th April, 2010 at 11 a.m. and get the matter i.e. Reference (IDA) No. 269 of 2000 assigned for hearing before any other Presiding Officer of the Labour Court, Mumbai other than the Presiding Officer who has passed the impugned order dated 30th June, 2009. 8. The Writ petition is accordingly disposed. 9. The parties shall act upon a copy of this order duly authenticated by the Associate of this Court. (S. J. KATHAWALLA, J.)