1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3079 OF 2006 Raptakos Brett & Co. Ltd. ..Petitioner. Vs. Workmen emplolyed under it represented by Shramik Sena, New Bombay ..Respondent. .... Mr. J.P. Cama, Senior Advocate with Mr. .N. Anaokar for the Petitioner. Mr. Kiran S. Bapat with Mr. S.S. Pathak and Mr. T.R. Yadav for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 20th June, 2008. P.C. : At the hearing of the Petition, both Counsel appearing for the Petitioner and Counsel appearing for the Respondent have agreed in stating that inasmuch as there was no consideration by the Labour Court of the merits of the rival contentions between the parties or of the issues which arise in the reference to adjudication, the impugned award dated 28th December, 2005 may be quashed and set aside by consent without any further recording of reasons and the proceedings may be remitted back to the Labour Court for fresh adjudication. Counsel appearing for the Respondent union 2 also stated that the union would apply to the Labour Court for leading additional evidence. Counsel appearing for the Petitioner stated that in that event the Petitioner would reserve its right to lead evidence in rebuttal. In the circumstances, on the joint request of the learned counsel, the Petition shall stand disposed of with the following directions : i) With the consent of the parties and at their request, the award of the Labour Court dated 28th December, 2005 in Reference (IDA) 208 of 2002 is quashed and set aside without the expression of any opinion on the merits of the rival contentions of the parties, in order to facilitate a fresh adjudication by the Labour Court; ii) Reference (IDA) 208 of 2002 shall stand restored to the file of the Labour Court. Parties shall appear before the Labour Court on 30th June, 2008 for directions so that a time schedule can be fixed for the expeditious disposal of the Reference; iii) The Labour Court is requested to endeavour expeditious disposal of the Reference preferably by 30th September, 2008; 3 iv) It would be open to the parties to apply before the Labour Court for leading additional evidence and/or evidence in rebuttal as the case may be; v) The Petitioner has agreed to pay the wages due to the workmen under Section 17-B of the Industrial Disputes Act, 1947 upto and inclusive for the month of June 2008. Since no other point has been pressed, the Petition shall stand disposed of in the aforesaid terms. The interim order shall stand vacated. *****