- (1.) This petition for writ is preferred to challenge the Award dated 22.12.2011 passed by the Labour Court, Jodhpur. By the award aforesaid, the learned Labour Court answered the reference made to it by appropriate government under a notification dated 18.8.2009.
(2.) At the threshold, it is submitted by learned counsel for the petitioner that an application as per Rule 22 of the Industrial Dispute (Central) Rules, 1957 has already been filed to recall the ex-parte award and this petition for writ is preferred on the count that the respondent-workman has filed a petition for writ (SBCWP No.7833/2012) for implementation of the award impugned.
(3.) In view of the facts mentioned, I am not inclined to entertain this petition for writ. The petitioner cannot be permitted to avail two remedies simultaneously. If the petitioner is having any apprehension about the implementation of the ex-parte award as a consequent to the directions of this court, then the writ petition filed by the workman is required to be contested. However, merely because a petition for writ has already been filed by the workman, this petition for writ cannot be entertained, when the application of the petitioner is already pending consideration before the learned Labour Court. The writ petition is dismissed, accordingly.;