INDO NATIONAL LIMITED Vs. DILWAR ISMAIL LALIWALA

JUDGEMENT

(1.) This appeal is filed against an interim order passed by the learned Single Judge in Special Civil Application No. 10847 of 1996 on July 29, 1997.

(2.) The appellant is the petitioner before the learned Single Judge. Petition is admitted and final hearing is fixed on August 7, 1997. In the meanwhile, however, the learned Single Judge directed the present appellant to reinstate the respondent workman.

(3.) Mr. Gupta, learned counsel for the appellant vehemently urged that when 'Rule' is issued and the matter is fixed for final hearing day after tomorrow i.e., on 7th August, 1997, the learned Single Judge ought not to have passed mandatory order directing reinstatement of the employee. He submitted that prima facie the Court was satisfied and hence 'Rule' was issued and the matter is fixed for final hearing immediately. He stated that record and proceedings have been called for from the Tribunal as a contention is raised by the appellant that he was not served with a notice issued by the Tribunal in an application for setting aside ex-parte award.