(1.) RULE. By consent of parties heard forthwith. Petitioner employer, by the present petition, has approached this Court on account of what is alleged to be failure on the part of respondent No. 2 to decide issue 5-A as a preliminary issue, by order dated 21st August, 2004. The issue which was framed read as under :-
(2.) THE petitioner had earlier filed a petition being W. P. 1298/2004 wherein prayer (a) read as under :-
(3.) A few additional facts may now be set out to enable disposal of the controversy which has arise. The petitioner-employer had applied for closure of its industrial establishment at Reay Road (East) under section 25-O of the i. D. Act by application dated 24th December, 2003. That application was granted by the appropriate Government by order dated 23rd March, 2004. The respondent No. 1 being aggrieved filed an application for review/reference before the appropriate Government. The appropriate Government by an order dated 5th April, 2004 was pleased to pass the following order :-