S. KUMARS LTD. Vs. JAGRAM SINGH

JUDGEMENT

(1.) Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Petition No. 12492/2013 (S) are narrated hereunder.

(2.) The petitioner before this Court has filed this present writ petition being aggrieved by the order dated 6-9-2013 passed by the Presiding Officer, Labour Court, Dewas.

(3.) Facts of the case reveal that the workman in question has taken shelter of the provisions of the Industrial Disputes Act, 1947 against his alleged discontinuance and a Reference was forwarded in terms of section 10 of the Industrial Disputes Act to the Labour Court. While the Reference was pending before the Labour Court, a preliminary objection was raised on behalf of the employer regarding maintainability of the case and the Labour Court has rejected the preliminary objection raised by the employer. The Labour Court observed that whether the workman has given resignation or he was dismissed from service, can be decided only after conclusion of the case and not by way of preliminary objection.