JUDGMENT:- 1. This writ petition challenges the judgment and order dated 16.7.2005, passed by the Industrial Court, Bhandara, dismissing the Complaint (ULP) No.85 of 2003, filed by the petitioner/complainant under Section 28 read with Items 5, 6 and 9 of Schedule IV of MRTU and PULP Act, 1971. The claim of the petitioner/complainant was that from 14.9.1989 to 16.10.1991 he had completed more than 240 days continuous service and hence, as per the provisions of Clause 4C of the Model Standing Orders framed under the Bombay Industrial Relations Act, 1946, the complainant is entitled for the status of deemed permanency. 2. It is not in dispute that on 16.10.1991, the petitioner/complainant was terminated from service and he had filed the Complaint (ULP) No.121 of 1991, the said complaint was dismissed on 21.10.1995 by the Labour Court, Bhandara. The revision against it was allowed by the Industrial Court, Bhandara, on 8.3.200 I. The employer preferred Writ Petition No.2175 of 2001, in which an interim order was passed by this Court that the regularization and the status of the present petitioner/complainant shall be subject to the outcome of the writ petition. 3. Shri M.P. JaiswaJ, the learned Counsel appearing for the petitioner, informs that the petition was decided subsequently on 19.8.2009 and the mater was remanded back to the Labour Court, Bhandara, for decision afresh. He further submits that on 28.3.2001 the said complaint was allowed directing the reinstatement with continuity in service and full back wages to the petitioner/complainant. He further submits that the finding was recorded that the petitioner/complainant had completed 240 days continuous service preceding the date of his termination on 16.10.1991 and there was noncompliance of Sections 25F and 25G of the Industrial Disputes Act, 1947 and hence, the complaint was allowed. 4. The Industrial Court, Bhandara, has, by impugned order, dismissed the complaint only on the ground, that the Writ Petition No.2175 of 2001 was admitted by this Court and it was pending for final hearing. The Industrial Court, Bhandara, has also noted, that the regularization was subject to the outcome of the writ petition and hence, the complaint has been dismissed without considering the other issues, involved in the complaint. The petitioner/complainant has been saddled with the costs of Rs.10,000/- to be recovered from his salary by the employer. 5. The Industrial Court, Bhandara, has also noted, that the regularization was subject to the outcome of the writ petition and hence, the complaint has been dismissed without considering the other issues, involved in the complaint. The petitioner/complainant has been saddled with the costs of Rs.10,000/- to be recovered from his salary by the employer. 5. The Industrial Court, Bhandara, has committed an error in dismissing the complaint on the sole ground, that the matter was sub-judiced in Writ Petition No.2175 of 2001. No doubt, that this Court had observed in the order dated 1.8.200 I passed in the said writ petition, that the regularization and the status of the petitioner/complainant, shall be subject to the outcome of the writ petition. In view of this, the Industrial Court, Bhandara, could not have dismissed the complaint without entering into the merits of the matter. The said writ petition has been decided and the complaint against termination, has also been decided. The Industrial Court, Bhandara, has framed issues, however, no findings are recorded on those issues and the complaint has been dismissed. Though there is a passing reference in para 3 of the judgment, that the petitioner/complainant did not complete five years continuous service prior to 15.10.1991, the question of applicability of the Model Standing Orders under the Bombay Industrial Relations Act, 1946, has not been considered. 6. In view of this, the order passed by the Industrial Court, Bhandara, cannot be sustained and the matter will have to be sent back to the Industrial Court, Bhandara, to consider it afresh. 7. In result, the petition is allowed. The judgment and order dated 16.7.2005, passed by the Industrial Court, Bhandara, in Complaint (ULP) No.85 of2003, is hereby quashed and set aside. The matter is remitted back to the Industrial Court, Bhandara, to decide the said complaint afresh, by recoding the finding on all the issues. The Industrial Court Bhandara, shall make an endeavour to decide the complaint as expeditiously as possible. 8. Rule is made absolute in this terms. No order as to costs. Petition allowed.