IRCON INTERNATIONAL LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The employers filed an application no. 9/1 before the Tribunal praying that on the basis of the admission of the workman in his pleadings and the decision rendered in a similar matter in the case of Lal Mohammad and others, the matter may be decided. The Tribunal rejected the application by an order dated 22nd February, 2013, against which, the present writ petition has been filed.

(2.) Having heard Sri R.N.Singh, the learned Senior counsel assisted by Sri Jyoti Prakash and Sri A.P. Nagrath, the learned counsel for the petitioner, the Court is of the opinion that against an order passed on an application, the writ petition is not maintainable.

(3.) In Cooper Engineering Ltd. Vs. P.P. Munde, 1975 2 LLJ 379, the Supreme Court held that there was no justification for any party to stall the final adjudication of the dispute by the labour court by questioning its decision with regard to the preliminary issue when the matter can be agitated even after the final award.