WP/9579/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9579 OF 2010 Kalyani Carpenters Special Steels Ltd. ... Petitioner V/s. Shantaram Fakira Shinde ... Respondent Mr.R.S. Pai for Petitioner Mr.Prashant Kamble h/f A.S. Rao for Respondent CORAM: SMT.NISHITA MHATRE, J. DATE: FEBRUARY 23, 2011 P.C.: 1. The petition has been filed against award part II passed by the Presiding Officer, I Labour Court, Pune in Reference (IDA) No.249 of 2002. After arguing the petition for some time, the parties agree that the impugned order be set aside and the matter be remanded to the Labour Court to decide the matter afresh. This is because the Labour Court after concluding that the findings of the enquiry officer were perverse has not permitted the employer-petitioner to lead evidence to prove the charges before the Labour Court. 2. Accordingly, the Reference is remanded to the Labour Court for permitting the petitioners to lead evidence before the Labour Court to prove the charges levelled against the respondent by leading evidence in the matter. The respondent may lead evidence in rebuttal. WP/9579/2010 : 2 : 3. The petition is allowed. The impugned award insofar as it does not grant permission to the petitioner to lead evidence to prove the charges is set aside. However, the findings of the Labour Court regarding the perversity of the conclusions drawn by the enquiry officer is upheld. 4. Writ Petition is disposed of accordingly.