- (1.) THE writ petition filed by the appellant against an order of the Labour Court made under Section 33-C(2) of the Industrial Disputes Act, 1947 ("the Act") has been dismissed in limine by the High Court. There can be no doubt that an objection was specifically taken by the appellant to the maintainability of the proceeding initiated by the respondent under Section 33-C(2) of the Industrial Disputes Act, 1947.
(2.) However, the same has been ignored by the High Court while] dismissing the writ petition in limine without going into the merits of this petition. In our opinion, this point thus arises for consideration in the present case. The matter must therefore, go back to the High Court for decision of the writ petition afresh on merits in accordance with law. Consequently, the appeal is allowed, the impugned judgment of the High Court is set aside and the writ petition would now be decided afresh on merits by the High Court after hearing both sides.;