REKHI SPRING CO Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL ALLAHABAD
LAWS(ALL)-2002-10-146
HIGH COURT OF ALLAHABAD
Decided on October 23,2002

Rekhi Spring Co Appellant
VERSUS
Presiding Officer Industrial Tribunal Allahabad Respondents

JUDGEMENT

ANJANI KUMAR,J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner employer has filed this writ petition against the order dated 27.5.1995 passed by the Industrial Tribunal -I. U.P., Allahabad passed in Adjudication Case No. 153 of 1992. The following preliminary issue was framed by the Industrial Tribunal: "Whether the domestic enquiry held by the employer was fair, reasonable and not violative of principles of natural justice?" The Industrial Tribunal in the order impugned has arrived at the conclusion that the domestic enquiry, as held by the employer, is unfair, improper and violative of the principles of natural justice. The preliminary issue is, therefore, decided in favour of the workman and against the employer. Thereafter, the Industrial Tribunal has fixed 18th July, 1995, for evidence, if any, to prove the charges and on other points involved in the case. The employer instead of adducing the evidence to prove the preliminary issue has rushed up to this Court by filing the present writ petition.
(3.) THIS Court has been pleased to pass an interim order in favour of the petitioner that has resulted in stay of proceeding before the Industrial Tribunal beyond the order dated 27th May, 1995, which is impugned in the present writ petition.;


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