1 S.B.CIVIL WRIT PETITION NO.244/2006 Bhilwara Synthetics Ltd. v. Suresh Kumar & Ors. Date of Order :: 14 th October, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. D.R.Bhandari, for the petitioner. Mr. Ravi Bhansali, for the respondents. .... On being removed from service, the respondent workman raised an industrial dispute and that was referred to the Labour Court, Bhilwara for its adjudication in following terms:- “WHETHER removal of workman Shri Suresh Kumar Tailor son of Shri Ramavtar Sharma, 2-E-10, Near Rojet English School, New Housing Board Extension, Shastri Nagar, Bhilwara, by the management M/s B.S.L., Post Box No.17, Mandapam, Chittor Road, Bhilwara w.e.f. 1.6.2003 after conducting an inquiry is just and valid? If not, then for what relief the workman is entitled?” The Labour Court by an order dated 18.10.2005, after examining the record and hearing representatives of the parties, held the domestic inquiry unfair. 2 To challenge the order aforesaid this petition for writ is preferred claiming the reliefs as follows:- “(i)Ex-12 dated 18.10.95 be set aside and enquiry be declared fair; (ii)further the respondent No.2, the Labour Court, Bhilwara be restrained from taking further proceedings in the matter; (iii)it be held discharge letter 31.5.2003 Ex.10 is valid.” The main argument of counsel for the petitioner is that the industrial dispute has been finally decided by the Labour Court and no answer is given to the industrial dispute referred, thus, the order impugned is bad. It appears from the argument advanced by counsel for the petitioner and also from the pleadings that the petitioner is considering the order impugned dated 18.10.2005 as an award answering the reference made to the Labour Court. As a matter of fact the order impugned is not an award but only an interim order holding the domestic inquiry unfair. An award answering the reference is yet to be passed by the Labour Court in accordance with law. If the award comes against the employer, it shall be open for the petitioner to challenge that including for the reasons given by the Labour Court for holding the inquiry unfair under the order dated 18.10.2005. Beside that, 3 the employer is also having an opportunity to claim for holding the inquiry before the Labour Court as per the provisions of Section 11-A of the Industrial Disputes Act, 1947. In view of whatever said above, I do not consider it appropriate to interfere with the order impugned which is of interim nature. Accordingly, this petition for writ is dismissed. It shall be open for the petitioner to make an appropriate request to the Labour Court as per law for holding inquiry before the Court in accordance with Section 11-A of the Industrial Disputes Act, 1947. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.