M/S. Tata Blue Scope Steel Pvt. Ltd vs Rohitash Singh Yadav S/O Lakhiram ...
2021 Latest Caselaw 744 Raj/2

Citation : 2021 Latest Caselaw 744 Raj/2
Judgement Date : 25 January, 2021

Rajasthan High Court

M/S. Tata Blue Scope Steel Pvt. Ltd vs Rohitash Singh Yadav S/O Lakhiram ... on 25 January, 2021

Bench: Sanjeev Prakash Sharma

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 6502/2020

M/s. Tata Blue Scope Steel Pvt. Ltd., (Formerly Known As M/s
Tata Bluescope Steel Limited), Plot No. 298-299, Riico Industrial
Area, Chaupanki, Bhiwadi, District Alwar-301109 Through Its
Manager, Head Office- The Metropolitan, Final Plot No. 27,
Survey No. 21, Wakadwari, Shivaji Nagar, Pune-411005.
                                                                  ----Petitioner
                                   Versus
Rohitash Singh Yadav S/o Lakhiram Yadav, Aged About 42 Years,
Presently Residing At C/o Sarjeet Singh House, In Front Of
House No. 1060, Near Sector 4, Shaktinagar, Riwari-123401.
                                                                ----Respondent

For Petitioner(s)          :   Mr. Rupin Kala
For Respondent(s)          :

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

25/01/2021

Learned counsel for the petitioner submits that the interim

order passed by the Judge, Industrial Tribunal dated 19.02.2020 is

perverse.

Admittedly, as on date the Tribunal is ceased with the matter

and no final order has been passed against the interim order

passed by the Tribunal, the writ petition would not lie as it would

amount to interfering with the Court under Article 227 of the

Constitution of India.

The Court would not entertain the writ petition against an

interim order passed by the Tribunal in relation to a case pending

before it relating to dispute raised under Section 10 of the

Industrial Disputes Act.

(2 of 2) [CW-6502/2020]

This Court has already held in the case of Kumkum Sharma

Vs. Manager, Rajasthan Patrika Pvt. Ltd., SB Civil Writ Petition

No.11054/2015 as under:

"By this writ petition, a challenge is made to the order dated 24.3.2015, whereby, after hearing both the parties, domestic inquiry conducted by the non- petitioner was held to be fair and proper. The order passed for it is interim in nature in view of the judgment of the Hon'ble Supreme Court in the case of "DP Maheshwari versus Delhi Administration & ors", AIR 1984 SC 153 thus writ petition would not be maintainable. The writ petition against the inter locutory order delays the proceedings before the labour court thus, in the light of the judgment in the case of DP Maheshwwari (supra) this writ petition is not maintainable. It is accordingly dismissed, however, with the direction to the Labour Court to expedite the proceedings and whenever the Presiding Officer is posted in the Labour Court No.2, Jaipur hearing of the case would be made within a period of six weeks from the next date fixed after production of the copy of this order. The petitioner would be at liberty to challenge the order dated 24.3.2015 after passing of the award if it goes against him or partially against him. The dismissal of this writ petition would not come in his way for the aforesaid.

The interim orders passed by the Labour Court are not liable

to be challenged in the writ petitions and this writ petition would

not be maintainable and the same is accordingly dismissed.

It is made clear that dismissal of the present writ petition

would not in any manner affect the final judgment of the Tribunal

and the petitioner would always be free to assail the award as well

as the interim orders, if situation so arises.

(SANJEEV PRAKASH SHARMA),J

Arun/69