VIJAY KUMAR Vs. RAJASTHAN PATRIKA PVT. LTD.

JUDGEMENT

(1.) The petitioner has filed this petition under Article 227 of the Constitution of India while praying for following reliefs:-

(2.) The facts as put forth in the petition reflect that the petitioner was working as Journalist with Rajasthan Patrika Private Limited, District-Bhopal (respondent/employer). Respondent/employer filed an application under Sec. 33(2)(b) of the Industrial Disputes Act, 1947, seeking approval of termination of the petitioner. The said application was registered as Case No.43/2016. The petitioner herein moved his preliminary objection as regards maintainability of the said application filed by the respondent/employer and the said preliminary objection was rejected vide order dtd. 11/12/2017 (Annexure P/4) by the Labour Court. It is further contended in the petition that on 19/11/2019 (Annexure P/7), the respondent/employer moved an application stating interalia that the Labour Court incorrectly fixed the date for evidence as respondent/employer had already conducted a Domestic Enquiry against the present petitioner/employee by following appropriate proceedings. The said application was replied by the present petitioner. Ultimately, the Labour Court has passed an order dtd. 29/2/2020 contained in Annexure P/12 and by passing the said order, rejected the petitioner's application for subsistence allowance and the Domestic Enquiry conducted by the respondent/employer is declared to be just and proper.

(3.) It is further stated in the petition that the Labour Court has passed another order dtd. 16/9/2021 contained in Annexure P/17 by which an application moved by the respondent/employer under Sec. 151 of C.P.C. contending that the case was incorrectly fixed for evidence inasmuch as, the Labour Court already vide order dtd. 29/2/2020 (Annexure P/12) declared the Domestic Enquiry to be just and proper. Thus, instead of recording of evidence, the case ought to have been fixed for final arguments. The said application moved under Sec. 151 of C.P.C. by the respondent/employer was allowed and the case was fixed for final arguments.