KANCHHEDI LAL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) IN this intra-Court appeal preferred under Section 2 of Madhya Pradesh uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 (for brevity 'the Act'), the defensibility and legal acceptability of order dated 16-5-2007 passed by the learned Single Judge in Writ Petition (S) No. 3355/2007 is called in question.

(2.) MR. N. S. Ruprah, learned Counsel appearing for the respondent no. 2 has raised a preliminary objection that the writ appeal is not maintainable as the order passed by the learned Single Judge has emanated from a proceeding before the Central Government Industrial Tribunal-cum-Labour Court (hereinafter referred to as 'the CGIT-cum-Labour Court') which had culminated in an award whereby the CGIT-cum-Labour Court passed the award ex parte and eventually, declined to interfere in the order of dismissal passed by the Management against the workman. As a preliminary objection has been raised, it is obligatory on the part of this Court to deal with the same.

(3.) MR. N. S. Ruprah, learned Counsel for the respondents has commended us to sub-section (1) of Section 2 of the Act. The said proviso reads as under:-