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Judgment
A.S. Bopanna, J.—The petitioner is before this Court assailing the order dated 19.01.2013 passed in ID No. 6/2011.
The respondent herein has assailed the action of the petitioner-management in dismissing the respondent from the service for the alleged misconduct. In the proceedings before the Labour Court, the validity of the domestic enquiry was considered as a preliminary issue. The Labour Court by the order dated 19.01.2013 has arrived at the conclusion that the enquiry held is not fair and proper and as such on holding the issue in the negative against the petitioner herein, has adjourned the case for further evidence of the second party viz., the petitioner herein thereby providing opportunity to the petitioner to establish the charge before the Labour Court.
Though the learned counsel for the petitioner at the outset sought to assail the order impugned herein, keeping in view the decision of the Hon''ble Supreme Court in the case of D.P. Maheshwari v. Delhi Administration and others (AIR 1984 SC 153) wherein the Hon''ble Supreme Court has held that this Court should be slow in entertaining the petitions against the interim orders passed by the Tribunals and the Labour Courts, learned counsel for the petitioner would submit that liberty be reserved to the petitioner to assail tire order impugned herein, if ultimately tire award in ID No.6/2011 is passed against the petitioner herein.
Therefore leaving open all contentions urged in this petition, the petition stands disposed of as not maintainable at this stage, with liberty to the petitioner to establish the charge before the Labour Court by tendering the evidence on merits. Since the respondent has not appeared before this Court, the registry is directed to refund the amount of Rs. 10,000/- that is deposited before this Court as litigation expenses to the petitioner.