1. The parties were put to notice on the earlier date that the appeal will be heard finally at the stage of admission. Accordingly, the appeal was taken up for final hearing. The learned counsel for the first to third respondents on instructions states that the said respondents do not desire to prefer either cross appeal or cross objection for challenging the impugned Judgment and Award. We accept the said statement.

2. Before we proceed to deal with the facts of the case and the submissions canvassed by the learned counsel for the contesting parties, we may note that initially this appeal was placed before the learned Single Judge. The learned Single Judge by order dated 2nd August 2012 came to the conclusion that the appeal pertains to the jurisdiction of the Division Bench. When we called upon the registry to submit an explanation as to why the appeal was placed before the learned Single Judge, the Registrar (Judicial) has placed on record order dated 6th December 2010 passed by a Division Bench of this Court in First Appeal no.1675 of 2010. It is pointed out to us that on the basis of the said order, the appeal was placed before the learned Single Judge.

3. The appeal ar