M/S Kajaria Ceramics Limited vs Rameshwar Dayal S/O Sube Singh ...
2021 Latest Caselaw 3052 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 437/2021

M/s Kajaria Ceramics Limited, Registered Office - 19 Km Stone,
Bhiwadi Alwar Road, Village Gailpur, Tehsil- Tijara District Alwar
(Rajasthan) Through Its Chief Operating Officer.
                                                                  ----Appellant
                                   Versus
Rameshwar Dayal S/o Sube Singh Yadav, R/o Village Gailpur,
Tehsil Tijara District Alwar (Rajasthan)
                                                                ----Respondent

For Appellant(s)         :     Mr. Veyankatesh Garg
For Respondent(s)        :



                   HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

                                    Order

22/07/2021

1. Heard learned counsel for the appellant.

2. Challenge in the present writ appeal has been made to an

order dated 03.03.2021 of this Court by which order Hon'ble

Single Judge placing reliance on an earlier judgment of this Court

in the case of Ms. Kumkum Sharma Vs. Manager Rajasthan

Patrika Pvt. Ltd. decided on 20.12.2017 passed in SB CWP No.

12832/2016, dismissed the application with a finding that the

Labour Court by the impugned order dated 16.12.2019 had come

to hold that domestic enquiry was unfair. The Court further held

that the order was interim in nature and therefore, came to hold

that the writ application does not lie against the said order.

3. Mr. Veyankatesh Garg, learned counsel appearing for the

appellant submits that the judgment relied upon by the Hon'ble

(2 of 2) [SAW-437/2021]

Single Judge is a distinctly separate matter and would have no

application to the facts of this case. However, he fairly admits that

Section 10 application remains pending before the Labour Court

and the finding of the Hon'ble Single Judge to the effect that the

order passed is interim in nature, is not questioned.

4. Therefore, with such submissions, this Court is of the

considered view that since the appellant has a remedy by way of

an appeal in the event, Section 10 application goes against the

interest of the appellant and in such an appeal, if any preferred,

the appellant can also raise questions and issues insofar as the

declaration of the domestic trial unfair is concerned as such we

are in agreement with the Hon'ble Single Judge directions to the

effect that the writ petition at present stage is not maintainable

and accordingly the appeal is dismissed.

6. However, we direct the Labour Court to take up the

application under Section 10 in the concerned matter

expeditiously and dispose of the same preferably within a period

of three months.

(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ

N.Gandhi/SAHIL SONI /120

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