- (1.) By means of this appeal, the appellants have challenged the judgment and order passed by the learned Single Judge in Writ Petition No. 38555 of 2014 in which writ petition the order which was impugned was passed under Section 6-H(1) of the U.P. Industrial Disputes Act, 1947.
(2.) A preliminary objection has been raised by Sri Y.K. Sinha, learned counsel appearing for the contesting respondent no. 5 that under the provisions of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 this appeal would not be maintainable as the order? impugned in the writ petition has been passed by the Assistant Labour Commissioner acting as a Tribunal or Court under the State Act.
(3.) On the other hand, Sri C.B. Gupta, learned counsel for the appellants has submitted that while deciding a matter under Section 6-H(1) of the U.P. Industrial Disputes Act, 1947 the power exercised by the Assistant Labour Commissioner is not adjudicatory but merely executionary. Learned counsel for the parties have placed reliance on certain judgments of the Courts which shall be referred to hereinafter.;