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1989 Supreme(All) 200

B.L.LOOMBA
VIKRAM COTTON MILLS – Appellant
Versus
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL NO. II – Respondent


Advocates Appeared:
AMIT BOSE, G.S.L.VERMA, RAJ KUMAR

B. L. LOOMBA, J.


( 1 ) THIS is employers writ petition against the workman challenging the validity of two orders passed by the Presiding Officer, Industrial Tribunal-II, Lucknow, in industrial dispute referred by Government Order No. 11280, dated December 2, 1985. The first order under challenge is dated April 23, 1986 contained in Annexure 4 whereby the prayer of the petitioner-employer for deciding the issue of domestic enquiry being fair and proper as preliminary issue was rejected. The second order is also of the same date contained in Annexure 4 to the writ petition whereby the workmans application, dated April 16, 1986 seeking change of his representative to present his case before the Tribunal was allowed.

( 2 ) THE first question arising for consideration in this writ petition is whether in the facts of the case the rejection of prayer of the employer for decision about the domestic enquiry being fair and valid as a preliminary issue was justified and proper and secondly, whether the acceptance of the request of the workman for change of his representative during the course of the proceedings before the Tribunal was proper and according to law.

( 3 ) AFTER perusal of the a























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