- (1.) This Special Appeal arises out of the judgment passed by learned Single Judge, by which he held that the claim of interim relief by the member of the petitioner-Union had rightly been declined by the Labour Court & Industrial Tribunal, Ajmer (for short, 'Labour Court').
(2.) The dispute is pending adjudication in the Labour Court, for adjudication on the validity of the order of termination of the workman. During the pendency of the proceedings, the Labour Court held that the domestic enquiry, held by the employer, was not just and proper, and allowed an opportunity to the employer to lead evidence to prove the charges, on which he has terminated the workman.
(3.) During the pendency of the proceedings, in which the employer is leading evidence and the respondent-workman is defending himself, an application was filed for payment of subsisting allowance, as according to the appellant, after holding the domestic enquiry to be not just and fair, the workman relegated to a position where his order of termination cannot be sustained and he will be treated to be reinstated pending domestic enquiry.;