SANAT KUMAR Vs. PARKE DAVIS INDIA LTD

JUDGEMENT

(1.) THIS order shall dispose of L. P. A. No. 27/1994 and the Cross- objection filed by the respondent No. 1.

(2.) THE L. P. A. is directed against the Judgment and Order dated July 5, 1994, of learned Single Judge, passed in M. P. No. 1422/1993, whereby while partly accepting the petition filed by the respondent No. 1 remanded the case back to respondent No. 2 i. e. , State Government for decision on the point of 'workman' under Section 2 (s) of the Industrial Disputes Act, before referring the matter for adjudication to the lower Court.

(3.) THE brief history of the case is that respondent No. 1 filed a petition under Articles 226/ 227 of the Constitution seeking quashment of order of reference Annex. "l" of petition whereby the dispute was referred to the Labour Court i. e. , respondent No. 4 here. The reference made in Hindi reads as under: Vernacular matter omitted. English translation of the reference is - Whether termination of Sanat Kumar Bandi (appellant here) is legal and valid? If not, what relief he is entitled for and what direction can be given in the matter to the Employer?