IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.350 of 2011 (O&M) Date of decision: 12.7.2011 Sham Sunder Bhatia -----Appellant. Vs. Presiding Officer & another. -----Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. P.K. Mutneja, Advocate for the appellant. --- ADARSH KUMAR GOEL, ACJ 1. This appeal has been preferred against order of learned Single Judge dismissing the writ petition against award of the Labour Court. 2. The appellant was employed as Helper Grade-II and his services were terminated on 11.4.1997 after conducting an enquiry into an allegation that he had submitted fake medical bills. CWP No.16913 of 1997 against order of termination was dismissed by this Court on 19.3.1998. Admittedly, the said order became final, having not been challenged by way of any appeal. However, the petitioner filed writ petition under Article 32 of the Constitution before the Hon’ble Supreme Court which was held to L.P.A. No.350 of 2011 be not maintainable. It was, however, made clear that if the petitioner moved the Labour Court, as proposed by the petitioner, appearing in person before the Hon’ble Supreme Court, the Labour Court could decide the grievance in accordance with law, on which no opinion was expressed by the Hon’ble Supreme Court. The appellant raised an industrial dispute which was referred for adjudication but the Labour Court decided the preliminary issue of res judicata against the appellant and held that the reference was not maintainable. The said order has been upheld by learned Single Judge. 3. We have heard learned counsel for the appellant. 4. It is undisputed that the issue raised by the petitioner was adjudicated on merits by passing a speaking order by this Court on 19.3.1998 which order has become final. Once that is so, so long as the said order stands, the Labour Court could not enter into fresh adjudication in the matter, as rightly held by the Labour Court and learned Single Judge. The appeal is dismissed. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE July 12, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2