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Judgment
Ashok Kumar Mathur, J.—The petitioner by this writ petition has challenged the order of the Authority under the Shops and Commercial Establishment Act, Udaipur dated 31st December, 1977 (Annexure-7).
On 26th December, 1975 the. non-petitioner No. 3 Tulsi Ram filed an application u/s 28(A) of the Rajasthan Shops and Commercial Establishment Act, 1958 (here in after referred to as the Act of 1958). The application was registered and notice was given to the management. The petitioner and the management appeared before the Authority and raised various objecions. One of them was with regard to limitation. The Authority framed 7 issues and issue No. 5 related to limitation, which reads as under:
Whether the application filed by the applicant can be condoned.
The authority after hearing both the sides ordered that the question of limitation shall be decided first. Aggrieved against this the petitioner has filed the present writ petition challenging the interlocutory order dated 31st December, 1977 (Anx. 7) by filing the present writ petition.
I have heard both the learned Counsel for the parties and I am of the view that the order does not call for any interference. It was purely interlocutory issue as to whether the application filed by the workman was within limitation or not. It is always open for the authority to decide the question of limitation first and the authority has raised this question and directed both the parties to lead necessary evidence on the question of limitation. Thus, the order is perfectly correct and it does not warrant any interference by this court.
In the result, the writ petition is dismissed. The parties are left to bear their own costs.