High Courts(1996) 08 AHC CK 0047

Superintendent Jawahar Lal Nehru Medical College Aligrah vs Labour Court Agra & Anr.

Allahabad High Court · Decided on 26 August 1996

HON’BLE JUDGES
M.Katju, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 8645 of 1995

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Judgment

4 paragraphs · 270 words

M.Katju, J.—This writ petition has been filed against the impugned reference order dated 441992 and the order of the Labour Court, Agra dated 23121994.

2.

I have heard Sri Dilip Gupta, learned Counsel for the petitioner. It appears that a reference has been made by the State Government regarding the termination of service of an employee of Jawaharlal Nehru, Medical College, which is a College of Aligarh Muslim University, Sri Gupta contended that only the Central Government can make this reference. The submissions incorrect. Under Section 2 (a) (i) of the Industrial Dispute Act the authorities regarding whom the appropriate Government is the Central Government have been mentioned and neither the Jawaharlal Nehru Medical College nor the Aligrah Muslim University have been mentioned in that provision. Sri Dilip Gupta contended that Aligarh Muslim University is carried by or under the authority of the Central Government. This submission is incorrect. Aligarh Muslim University is a statutory body constituted by the Aligarh Muslim University Act. A body carried on by or under the authority of Central Government is only that body which is directly under the Central Government such as trie railways. This first submission of Sri Gupta is therefore rejected.

3.

As regard the challenge to the order of the labour Court dated 23121994, it has been held in several decisions of the Supreme Court that this Court should not interfere with interlocutory orders of the lower Court. It is only after the final award is given that a writ petition should be entertained by this Court.

4.

Thus there is no force in this writ petition. It is accordingly dismissed.