CHIEF MANAGER Vs. HITLAR PRASAD

JUDGEMENT

(1.) This writ petition has been filed by the petitioner against the interim order dated 28.2.2012 passed by learned Industrial Tribunal, Ajmer in Case No. LCR No. 45/2007 titled Hitlar Prasad Vs. Chief Manager, RSRTC Ajmer.

(2.) At the very outset, the learned counsel for the respondents has submitted that this writ petition having been filed against an interim order passed by learned Judge, Industrial Tribunal Ajmer, is not maintainable as only a final order passed under the Industrial Disputes Act can be challenged in writ proceedings before the High Court. In support of his submissions, he has placed reliance on the case of Dena Bank Vs D.V. Kundadia, 2011 131 FLR 775.

(3.) The learned counsel for the petitioner has replied to the objection raised by the counsel for the respondents on the premise that there is no provision under the Industrial Disputes Act so as to grant interim relief and the order impugned herein passed by the Judge, Industrial Tribunal, Ajmer is without jurisdiction. In such view of the mater, it is submitted that the petitioner can challenge the order impugned by invoking extraordinary jurisdiction of this Court under Article 227 of the Constitution as the question relates to the jurisdiction of court below.