- (1.) This is an intra-Court appeal filed by writ Petitioner of W.P. No. 277/2002 under Section 18 of Rajasthan High Court Ordinance, 1949 against an order dated August 8, 2002 passed by single Judge in W.P. No. 2771/2002. By impugned order, the learned single Judge dismissed the Appellants' writ petition filed against an award of Labour Court. So the question that arises for consideration in this intra Court appeal is whether single Judge was justified in dismissing the writ thereby justified in upholding the award of Labour Court?
(2.) Having heard learned Counsel for the Appellant and on perusal of the record of the case, we find no merit in the appeal and hence, it merits dismissal.
(3.) The Appellant (an employer) filed a writ under Article 227 of the Constitution of India out of which this appeal arises seeking to assail an award dated July 12, 2001, passed by Labour Court, Sriganga nagar in case No. 26/99, whereby the Labour Court was pleased to answer the reference made under Section 10 of the Industrial Disputes Act (for short called "The Act") in favour of Respondent by directing his reinstatement in service with award of 30% arrears of back-wages. So far as Respondent (employee) is concerned, he did not challenge that part of the award which declined to award him back-wages to the extent of 70%. In this view of the matter, it is not necessary to examine that part of direction in this appeal filed at the instance of Petitioner (employer). Indeed it became final before the writ Court itself because employee did not file any writ against this part of award.;