CW 10655/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.10655/09 Rajasthan State Agricultural Marketing Board, Jaipur Versus Yogendra Singh & Anr. DATE OF ORDER : 30/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. R.A. Katta, for petitioner *** Instant petition is directed against the order of Service Tribunal dt.7th November, 2008. However, learned Tribunal while disposing of appeal, directed the respondent-appellant to submit representation, which may be decided by the respondent-petitioner in accordance with law within two months. Main thrust of the submission of Counsel for petitioner is that the order, which was assailed by the respondent-appellant before Tribunal under the Act, 1976, was not maintainable and the learned Tribunal does not hold any jurisdiction to examine the service disputes in regard to employees of the Board and this is one of the preliminary objection which was raised even in the reply filed by the petitioner before learned Tribunal. CW 10655/09 [2] Counsel submits that this preliminary objection, which goes into root of the matter, has not been examined by Tribunal and the appeal was disposed of vide order impugned dt.7th November, 2008 [Ann.1]. It is true that whenever preliminary objection is raised, it was supposed to be examined by the Tribunal. But, in the instant case, there is no adjudication of the dispute and the only direction of the Tribunal is to consider representation and pass appropriate orders in accordance with law, which is an innocuous direction and even if employee submits representation, it is always expected from the authority to decide the same and certainly, in accordance with law. In opinion of this Court, no finding has been recorded under order impugned, which may cause prejudice to the petitioner. However, issue in respect of jurisdiction is kept open and may be examined in the appropriate proceedings. This Court does not find any substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA10655CW09 30-10.doc