-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.334 OF 2008 M/s.Hindustan Fastners Pvt. Ltd. : Petitioner V/s. Nashik Workers Union & Ors. : Respondents ... Mr.S.S.Pakale for the petitioner. Mr.Bhavesh Parmar for respondent no.1. Ms P.S.Cardozo, Asstt. Govt. Pleader for respondent no.3. ... CORAM : S.A. BOBDE, J. DATE : FEBRUARY 16, 2009. P.C. 1. The petitioner has challenged the judgement and order of the Industrial Court holding that the petitioner has committed unfair labour practice in the matter of non-payment of subsistence allowance to the respondent no.1’s members, pending an inquiry. The petitioner had denied the jurisdiction of the Industrial Court on the ground that the member of the respondent no.1 is not a workman within the meaning of the MRTU & PULP Act. The Industrial Court, however, simply relied on the fact that the petitioner had suspended a member of the respondent no.1 under the Model Standing Orders and, therefore, the petitioner’s contention that he is a workman "does not stand in proper footing". It is not clear what the -: 2 :- learned Industrial Court means. Since the issue was raised by the petitioner as to whether the respondent no.1’s member is a workman, the Industrial Court was bound to answer it on evidence led in the matter where the issue is raised and not merely rely on some fact such as the suspension of a person under a particular rule. It might well be that such a fact would show that the action of suspension under a particular law or rule was taken because the employer treated the complainant as a workman, but such a fact does not necessarily show without further proof that the person was a workman. In this view of the matter, there is an error of law apparent on the face of the record. 2. Accordingly, the impugned judgement and order is hereby set aside. The matter is remanded back to the Industrial Court, Nasik, for a fresh decision, in accordance with law. The Industrial Court shall decide the matter not later than six months from the date the parties appear before it. The parties are directed to appear before the Industrial Court on 24.2.2009. The Industrial Court shall decide the matter afresh on all questions which are left open. 3. Rule is made absolute in the aforesaid terms. -: 3 :- S.A. BOBDE, J.