MAYUR AUTO AGENCY Vs. RAMESH SINGH MANRAL

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred by the appellant against the judgment dated 26.07.2011 passed by a learned Single Judge of this court in WP(C) No.2866/2008.

(2.) THE appellant herein (Mayur Auto Agency) was also the petitioner before the learned Single Judge. In the said writ petition the appellant had challenged the award dated 09.10.2006 passed by the Industrial Adjudicator whereby the appellant was directed to reinstate the respondent workman with full back wages and continuity of service. THE reference that was made to the Industrial Adjudicator was as under:-

(3.) HOWEVER, she submitted that there is some evidence to show that the respondent had been employed elsewhere but that evidence, even according to her, pertains to the year subsequent to the termination in 2002. Thus, even if that is taken into account it would be of no help to the appellant. We may point out that the learned Single Judge had rightly refused to look into this aspect of the matter as the same had not even been raised before the Industrial Adjudicator.