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2004 DIGILAW 982 (SC)

JAWAHAR NOVODAYA VIDYALAYA v. D. C. PANT

2004-08-13

ARUN KUMAR, RUMA PAL

body2004
ORDER 1. LEAVE GRANTED. 2. THE APPELLANT HAD RAISED SEVERAL POINTS OF LAW NONE OF WHICH WERE CONSIDERED BY THE HIGH COURT BEFORE DISPOSING OF THE APPEAL. THESE POINTS INCLUDE: (1) WHETHER THE APPELLANT IS AN INDUSTRY OR NOT; (2) IF SO, WHETHER THE ORDER OF REFERENCE SHOULD HAVE BEEN MADE AT THE INSTANCE OF THE STATE GOVERNMENT OR WAS THE CENTRAL GOVERNMENT THE APPROPRIATE AUTHORITY; AND (3) WHETHER THE LABOUR COURT WAS RIGHT IN HOLDING THAT IT WAS INCOMPETENT TO RECALL AN EX PARTE ORDER. ANY INTERIM ORDER THAT IS PASSED BY THE HIGH COURT SHOULD BE BASED AT LEAST ON A PRIMA FACIE VIEW ON THESE QUESTIONS. 3. THE ORDER OF THE HIGH COURT IS SET ASIDE AND THE MATTER IS REMANDED G BACK FOR RECONSIDERATION. THE APPEAL IS, ACCORDINGLY, DISPOSED OF ON THE AFORESAID TERMS. 4. THERE SHALL BE NO ORDER AS TO COSTS.