(1.) The challenge is laid in this petition under Article 226/ 227 of the Indian Constitution to the order passed by the learned Labour Commissioner on two preliminary issues vide order dated 8.2.2010. The brief facts of the matter can be enunciated as under:
(2.) At the outset, it was observed that the petitioner has arrayed the Presiding Officer of Labour Court as a party to this proceedings. This was objected by the learned Counsel for the respondent. On the same being pointed to the learned Counsel for the petitioner, he agreed to the deletion of the name of the learned Presiding Officer of Labour Court. Accordingly, I deem it appropriate to delete the name of Mr. Manmohan Sharma from the array of the parties and the petitioner is directed to file amended memo of the parties within two weeks of this order.
(3.) Learned Counsel for the petitioner has made his submissions which can be outlined as follows: