Food Corporation Of India Through ... vs Uma Kant Jha
2022 Latest Caselaw 5055 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   W.P.(L) No.4468 of 2017
                                           ....

Food Corporation of India through its Executive Director .... Petitioner Versus Uma Kant Jha, Ex-Manager (Depot), S/o Late Janardan Jha .... Respondent ....

             CORAM:         HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner              : Mr. Nipun Bakshi, Adv.
                For the Respondent              : Mr. Manoj Tondon, Adv.
                                                 ....

09/13.12.2022             Order dated 26.09.2022 reads as under:-

"Objection has been raised by the learned counsel for the respondent referring to the judgment reported in 1983 (4) SCC 293 in the case of D.P. Maheshwari vrs. Delhi Administration & Ors. to the effect that the writ should not be entertained against the impugned order as because the same can be challenged while challenging the final award.

In view of submission of learned counsel for the respondent and the judgment referred, learned counsel for the petitioner seeks adjournment for taking instruction.

As prayed for, put up this case after Diwali Holidays." Learned counsel for the petitioner has submitted that since preliminary issues goes to the root of the matter and it will affect the jurisdiction, it should be decided by the Writ Court.

On the other hand, learned counsel for the respondent has opposed the same and submitted that it will delay the litigation.

Learned counsel for the respondent has relied upon the judgment reported in (2022) 6 SCC 167 in the case of V.G. Jagdishan Vrs. Indofos Industries Ltd. to the effect that even the basic issue of the jurisdiction should be decided by the Labour Court/ Tribunal as a preliminary issue and the same can be challenged by the parties on finality of the proceeding.

Since the issue has already been settled by the Hon'ble Apex Court, the present writ petition stands disposed of giving liberty to the petitioner to raise all the issue before the concerned Court/Tribunal.

With above observation and direction, the present writ petition stands disposed of.

(Rajesh Kumar, J.) Shahid/