(Per : HONOURABLE MR.JUSTICE KS JHAVERI)
1. The appellant-original petitioner has challenged the judgment dated 25.7.2011 passed by the learned Single Judge in Special Civil Application No. 2867 of 2011, whereby the learned Single Judge has dismissed the petition and has confirmed the order passed below exh. 12 in Reference (Demand) No.7 of 2006 before Labour Court, Bharuch.
2. The facts of the case are that the present appellant-employer had earlier preferred Reference No.11 of 2003 and while that Reference was pending, fresh Reference in demand was raised. Therefore, application exh.12 was preferred in Reference no.7 of 2006. While considering the application, the Labour Court ha held that this preliminary issue can be decided at the final hearing of the Reference. In that view of the matter, the learned Single Judge has made following observations in para-4 of his judgment.
" In light of these observations, the petition is dismissed. Rule is discharged. Ad interim relief granted earlier is vacated. No costs.
At the request of learned Advocate Mr.Clerk for the petitioner, it is clarified that it will be open for the petitioner to take all legal contentions before the Labour Court. In the event, any such contention is taken, the same will be decided in accordance with law."
3. We are in complete agreement with the observations made by the Labour Court as well as by the learned Single Judge. No interference is called for. The Appeal is devoid of any merits and is accordingly dismissed. As a consequence, Civil Application is also dismissed.
(V.M.SAHAI,J) (K.S.JHAVERI,J) ***vcdarji Top