O.P.SAXENA, J. - (1.) THIS is an appeal against the order dated 25th May 1983 passed by the IX Additional District Judge, Allahabad holding that the suit is not barred by the Industrial Disputes Act, and is also not premature, and directing that the record be sent to the trial Court with the direction to restore the suit and to decide it in accordance with law.
(2.) THE facts giving rise to this appeal are: The plaintiff is an employee of defendant No. 1. He was served with a chargesheet dated 29th April 1981. On 8th May 1981, an Enquiry Officer was appointed. On 24th August 1981, the Enquiry Officer submitted a report. On 9th September 1981, a show -cause -notice was issued to him as to why he should not be dismissed from service. The plaintiff filed a suit for declaration that the charge -sheet dated 29th April 1981, the order dated 8th May 1981 appointing an Enquiry Officer, the enquiry report dated 24th August 1981 and the show -cause -notice dated 9th September 1981 are illegal, inoperative and without jurisdiction. He also prayed for a permanent injunction restraining the defendants from dismissing him from service. The suit was contested by the defendants on the pleas inter alia that it was not maintainable besides being premature. The trial Court accepted both these pleas and dismissed the suit. The appellate Court reversed the findings of the trial Court, allowed the appeal and sent back the case for disposal in accordance with law. Hence this appeal.
(3.) BOTH the parties have placed reliance before me on the case of the Premier Automobiles Ltd. v. Kamlakar Shantaram 1975 II LLJ 445.;