JUDGMENT

BALAKRISHNA ERADI, J.:— The short question that arises for decision in this appeal by special leave is whether the dismissal in limine of a Special Leave Petition filed before this Court by a party challenging the award of a Labour Court would preclude the said party from subsequently approaching the High Court under Article 226 of the Constitution seeking to set aside the said award.

2. Having regard to the nature of the question arising for determination, it is not necessary for us to set out in detail the facts of the case and a brief narration thereof would suffice. Respondent No. 3 was appointed in 1963 as a Sales Officer in the service of the appellant - The Indian Oil Corporation. He was dismissed from service in 1969 on charges of misconduct but was subsequently reinstated under orders of the Labour Court, Patna before which an industrial dispute had been raised. During the period when Respondent No. 3 was out of employment consequent on his dismissal, some of his juniors had been promoted to higher posts. Subsequent to his reinstatement, Respondent No. 3 claimed that he was entitled to be given promotion with effect from the date on which his juniors were promoted