Sujit Narayan Prasad, J. - (1.) This writ petition has been preferred under Article 226 & 227 of the Constitution of India wherein order dated 12.06.2017 passed in Complaint Case No.04 of 2013 is under challenge.
(2.) Learned counsel for the petitioner while arguing the matter, has submitted that the petitioner has been dismissed from service on the basis of domestic enquiry conducted against him. he has filed an application under Section 33A of the Industrial Disputes Act, 1947 making a complaint before the tribunal that he being a workman and his reference case is pending before the Tribunal being Reference No. 138 of 1997 but without considering this aspect of the matter, his application has not been entertained. Therefore submission has been advanced that the Tribunal may be directed to consider the aforesaid complaint.
(3.) After hearing the learned counsel for the petitioner it is evident from the prayer made in this writ petition which reads as follows. (1) for quashing and/or set setting aside the order dated 12.06.2017 passed by the Tribunal in Complaint Case No. 4 of 2013 (2) for directing the Tribunal to decide other preliminary issue relating to jurisdiction under Section 33A of the Industrial Disputes Act . It is evident from the order dated 12.06.2017 that the application said to have been filed by the workman under Section 33A of the Act, 1947 rather it reflects from the aforesaid order that the Tribunal while considering the fairness of the domestic enquiry has held the enquiry improper and unfair.;