Govind Mathur, J. - (1.) To challenge an order dated 04th August, 2005 passed by the Labour Court, Sriganganagar by exercising powers under Section 33(c)(ii) of the Industrial Disputes Act, 1947, this petition for writ is preferred.
(2.) In brief, facts of the case are that by an award dated 16th April, 2004 Labour Court while answering a reference made to it by the appropriate Government under a notification dated 23rd June, 2003 declared retrenchment of respondent-workman illegal and granted relief for reinstatement in service with 50% of back wages. The petitioner-employer assailed validity of the award dated 16th April, 2004 by way of filing a writ petition before this Court but that came to be rejected on 02nd September, 2005. Respondent-workman for determination of backwages and wages arising as a consequence to his reinstatement submitted an application as per provisions of sec.33(c)(ii) of the Act of 1947. The application aforesaid came to be accepted by order impugned dated 04th August, 2005.
(3.) By this petition for writ, challenge to the order passed by Labour Court under sec.33(c)(ii) of the Act of 1947 is given on the count that a Special Appeal is pending consideration before this Court and therefore, Labour Court should have restrained from deciding application under sec.33(c)(ii) of the Act of 1947.;