- (1.) THIS appeal has been preferred against the order dated 25.1.2008 passed by the learned Single Judge in W.P.(L) No. 922/2007 by which the writ petition filed by the appellant -management of Department of Tele Communication, Post & Telegraph, Electrical Division, Ranchi challenging the award passed in favour of the respondent -workman for his reinstatement but without back wages was dismissed.
(2.) THE case of the appellant -management before the learned Single Judge as also before this Court is that the respondent -workman had already filed a writ petition earlier challenging his termination and the said writ petition had been dismissed as the respondent -workman herein had failed to produce the letter of appointment. The respondent -workman thereafter succeeded in getting a reference initiated for challenging his termination and the Tribunal finally, after critical appreciation of evidence on record, was pleased to hold that the termination of the respondent -workman was contrary to the provisions of Industrial Disputes Act and hence it was ordered that he should be reinstated in service. The Tribunal however, refused to grant any back wages to the respondent -workman against which he has not preferred any appeal. The appellant -management however, has challenged the award passed by the Tribunal as also the order of the learned Single Judge upholding the award and has contended that the respondent -workman had already filed the writ petition earlier challenging his termination and, therefore, the reference itself was barred by the principle of res judicata.
(3.) UNDOUBTEDLY , his objection could be treated as a preliminary objection which ought to have been raised by the management at the threshold when reference was initiated! or the management could have assailed the order by which the State Government finally passed an order initiating reference. But the management never challenged the order of initiation of reference. On the contrary, it participated in the same before the Tribunal and the matter was finally adjudicated on merit. Therefore, at the stage of appeal, it is not open for the management to raise a preliminary objection to the effect that initiation of reference itself was affected by the principle of res judicata and hence, we deem it appropriate to reject this contention of the management.;