AWADESH SINGH YADAV Vs. LABOUR AND ENFORCEMENT OFFICER

JUDGEMENT

(1.) The Letters Patent Appeal No. 270 of 2009 challenges Judgment and Order dtd. 18/8/2009 passed by the learned Single Judge in Review Petition No. 86 of 2009 in Writ Petition No. 2791 of 2009 ("the review order"). Appellants in this Letters Patent Appeal-Awadesh Singh Yadav and others ("the workmen") are the original Petitioners.

(2.) By Judgment and Order dtd. 24/4/2009 passed in Writ Petition No. 2791 of 2009 ("Order in Writ Petition"), the Learned Single Judge set aside the approval granted by the Respondent No. 1 in the Writ Petition ("the Conciliation Officer") under Sec. 33(2)(b) of the Industrial Disputes Act, 1947 ("the said Act") to the order of dismissal of the workmen. In paragraph 16 of the Order in Writ Petition, it was observed that since the matter is being referred by the Regional Deputy Commissioner (Respondent No. 3 in the Writ Petition) ("the Deputy Commissioner") to the Industrial Court, all the other questions were kept open and the employer was held entitled to prove the alleged misconduct to the Industrial Court by leading evidence. The workmen filed the Review Petition seeking clarification regarding observations in paragraph 16 of the Order in Writ Petition.

(3.) By the review order, the learned Single Judge partly allowed the review petition and the observations made in paragraph 16 of the Order in Writ Petition were withdrawn and substituted with fresh directions which are as under: