( 1. ) IN this intra-Court appeal preferred under Section 2 of Madhya Pradesh uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 (for brevity the Act), the defensibility and legal acceptability of order dated 16-5-2007 passed by the learned Single Judge in Writ Petition (S) No. 3355/2007 is called in question.

( 2. ) MR. N. S. Ruprah, learned Counsel appearing for the respondent no. 2 has raised a preliminary objection that the writ appeal is not maintainable as the order passed by the learned Single Judge has emanated from a proceeding before the Central Government Industrial Tribunal-cum-Labour Court (hereinafter referred to as the CGIT-cum-Labour Court) which had culminated in an award whereby the CGIT-cum-Labour Court passed the award ex parte and eventually, declined to interfere in the order of dismissal passed by the Management against the workman. As a preliminary objection has been raised, it is obligatory on the part of this Court to deal with the same.

( 3. ) MR. N. S. Ruprah, learned Counsel for the respondents has commended us to sub-section (1) of Section 2 of the Act. The said proviso reads as under:-"2. Appeal to the Division Bench of the High Court