JUDGMENT :

(Dinesh Pathak, J.):

1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Shri Shekhar Srivastava, Advocate who has assisted the Court without filing his memo of appearance on behalf of respondent no.2.

2. In view of the peculiar facts and circumstances of the present case and the order proposed to be passed hereunder, this Court proceeds to decide the instant writ petition finally, without calling for respective affidavits of the parties concerned, with the consent of learned counsel for the parties present in the Court.

3. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 18.11.2023 passed by the Presiding Officer, Labour Court, Ghaziabad whereby application dated 08.08.2023 (Paper No.13-D) moved on behalf of the petitioner to decide the issue no.1 as a preliminary issue has been rejected.

4. Facts culled out from the record are that the workman (respondent no.2) has been terminated from service after departmental enquiry vide order dated 20.05.2020 w.e.f. 01.06.2020. Having been aggrieved, respondent no.2 has moved claim petition under