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Judgment
MANOJ K. TIWARI, J. (ORAL)
By means of this petition, under Article 227 of the Constitution of India, petitioner has challenged the order dated 31.05.2018 passed by Presiding
Officer/Labour Court, Haridwar in Adjudication Case No. 2 of 2018.
By the said order, challenge thrown by the petitioner to the maintainability of the reference on the ground that respondent is a ‘Supervisor’
and can not be treated a ‘Workman’, was rejected by learned Labour Court.
Learned counsel for the petitioner very fairly submits that evidence is yet to be led by the parties. Learned Labour Court has held in the impugned
order that this issue shall be decided at the time of final hearing.
Petitioner is questioning maintainability of reference on the ground that the employee is not a Workman. Any decision on this aspect can be taken
only after evidence is led, as it is a question of fact.
In such view of the matter, I find no infirmity in the impugned order passed by learned Labour Court. The writ petition is, therefore, devoid of merit
and is hereby dismissed.
No order as to costs.