BUAWUR SINOUEBENCH: HON'BLESHRUAODISHBHALLA,Ag.C-l. Writ PetKton No. 1H»uria98 PETITIONER Bitepur-Raipur Kshetri^ Gramin Knifc, Bilaspur, thfULQh ttie Chairmai. RESPONDENTS: Versus 1. SecondAcfclitionalJudgetottieCourt of District Judge, Bilaqxir. 2. Thitd Civil JudgeClass-11, BBaspjr. 3. Govind Ram Skter Sfo Badtu, ResidenttfVillageGobia, Tah. Sakti. Distt.-Bitaspur. Writ Petition uncter Article 227 of the ConstButim of tndla Resent: ShriP.K. Bhaduri,counsetforttiepetitloner. OIWU.ORDER (Passedon'M?rJu(x,20K^ A suit for permanent injmction was flled by respondent No.a/plairtifflntheCourtcrfTTiircl CMI Judge, QSBS II, Bllaspur ^ainst the order of r^renchment and It was further prayed that ttie platrttff be allowed to funetion as he was eariier woridng on the p t ot Sweeper- CLBn-Watemian. An oyection was raised regacding matntainabiHty sf ttie suit When an apptfeation was moved by the pdittoner zmder Order 7,'Vjl Rule 11 of Code rf Chfll Procedure inter-Ma on the ground that the plaintiff has ehallenged the retenchment tor which there is asqwrate forum of Labour Court and the CMI Court does nat haye jurisdietton. However,. untbrtunately hls applicatiQn, aforesaid, was rejected by the Civil Judge. Aarieved by the same, the petitioner fited a rarision befone the Second AcUltional District Judge, Bltaspur who teo rejeeted his revision. Shri H.S. Patel, has not partioipated In the proeeeidngs on fte pretext that he is no more appearir®in this matter. I flnd foree tn the i^- "f!l"f'iltfi?ffWII[ 6f. rimmt -i- questionoflawrafs«ibythecoun8elfc>rthe|»tittonerthattt»suitbrio» the CMI Court whereln retcenohment is under chaltenge and Is. not maintainabte betore the CMI Court. Accorelingly, the oretees p^sed ty the Ch4t Aidge and the Second Ackiittonal District Judi^ are set aside- The petition stands altowed. Sd/- Ag.ChiefJustice l -LL-K.,l