(1.) BY way of this Appeal, the appellant has challenged the judgment dated 8.10.2010 passed by the learned Single Judge in Special Civil Application No.13422 of 2010, whereby the petition came to be dismissed conferring the order of the Labour Court, whereby the Labour Court has rejected the reference preferred by the petitioner.
(2.) LEARNED counsel for the appellant submitted that the Labour Court as well as the learned Single Judge have committed an error in not appreciating the facts. In view of the decision of the Apex Court in 2008(2) GLR 2138, wherein in paragraph 21.1., it is held as under: