( 1. ) THE employers are the petitioners who came to this Court on 22nd April, 1988 challenging validity of order passed in appeal by the Industrial Tribunal (Court) and also the order passed by Labour Court No. 3, Gwalior which was challenged in appeal unsuccessfully. Before the petition could be listed for hearing on admission, on behalf of the employee/respondent, an application I. A. III was field praying for dismissal of the writ petition in limine. Subsequently, respondent also filed a full and complete return and therein he answered the several pleas agitated in the writ petition and he has also brought on record the entire case-history. The averments made in the return have remained uncontroverted.

( 2. ) DURING the course of hearing, it was fairly submitted by respondents counsel Shri Upadhyaya that two courses are open to us in disposing of this petition. He submitted that the question of applicability or otherwise of M. P. Industrial Relations Act, 1960, for short, m. P. I. R. Act, agitated in the writ petition need not even be considered because doing so would entail discussion and disposal of the petition on a "hypertechnical objection" to the validity of the