IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11787 of 2008(C) -------------------------- ID.49/1999 of LABOUR COURT, ERNAKULAM .................... PETITIONER: ------------ IMMACULATE HEART OF MARY HOSPITAL (IHM), BHARANGANAM, KOTTAYAM-686 578, REP. BY ITS ADMINISTRATOR. BY ADV. SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON RESPONDENTS: ------------- 1. KERALA STATE PRIVATE HOSPITAL EMPLOYEES FEDERATION (CITU), PAMPADY, KOTTAYAM, REP. BY ITS SECRETARY. 2. PENNAMMA CHERIAN, NELLIYAKUNNEL, ROOVATHODE P.O., BHARANANGANAM, KOTTAYAM DISTRICT. 3. LABOUR COURT, ERNAKULAM. BY GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No.11787 of 2008(C) ======================= Dated this the 7th day of April, 2008 JUDGMENT The petitioner is the management in ID No.49/1999. They are challenging Ext.P11 preliminary order passed by the Labour Court in that ID holding that the enquiry conducted against the 2nd respondent pursuant to which she was removed from service was not proper and valid. This Court and Supreme Court have time and again held that ordinarily this Court shall not encourage challenge against preliminary orders in industrial disputes and the parties should be left to challenge the preliminary orders also at the time of challenging the final award. I also do not find any special circumstances warranting interference at this stage. In the above circumstances, I am not inclined to entertain the challenge against Ext.P11 preliminary order at this stage. Therefore, without prejudice to the right of the petitioner to challenge Ext.P1 also on all grounds raised in this writ petition at the time of challenging the final award, this writ petition is disposed of. S.SIRI JAGAN, JUDGE jp