ANUP ENGINEERING LIMITED Vs. SHREENARAYAN KANAIYALAL

JUDGEMENT

(1.) After hearing learned counsel for the parties and going through the record of the case, we are of the view that at the interlocutory stage the High court ought not to have pronounced on the question of law, namely, whether the dismissal relates back to the date on which the employee was dismissed or whether it takes effect from the date of the Labour court's Award. That was the main issue to be decided in the proceedings before the Labour court. The interlocutory relief has been granted by the High court also on that basis. We, therefore, set aside the impugned decision of the High court. It appears that pursuant to the said order, the appellant employer had deposited an amount of Rs. 72,331. 00 in the High court and the employee was permitted to withdraw 50% of the said amount. Accordingly, he has withdrawn the said amount. Let that amount remain deposited with the High court and it will follow the result of the proceedings in the Labour court. The Labour court is directed to proceed with the matter and dispose it of according to law within six months from today without in any way being influenced by the order of the High court. The appeal is allowed accordingly with no order as to costs.