None appears for the respondents.
Learned counsel for the appellant submits, and in our view fairly, that the controversy raised in this appeal is covered by an order dated February 14, 2008, passed by this Court in Civil Appeal No.1476 of 2003: Nagar Council, Kapurthala Vs. Davinder Singh and Ors. In view thereof, this appeal is dismissed with no order as to costs.
However, it is made clear that the impugned judgment would not come in the way of the appellant in raising all contentions before the Labour Court if and when applications are filed under Section 33- (C)(2) of the Industrial Disputes Act, 1947.
.....................J (DALVEER BHANDARI) .....................J (DIPAK MISRA) New Delhi;
March 29, 2012.