Workman approached the tribunal against the departmental enquiry. The Tribunal framed two issues
1. Whether the departmental enquiry was as per the Principal of Natural Justice and Fairplay
After completion of evidence and finally the Tribunal decided the First Issue in favour of Workman. Before the second issue decided the Company approached the High Court. After a gap of 8 years workman file an application u/S 17-B of ID Act before the High Court.
Now the issues are:
(a) whether is application u/s 17-B is maintainable in two aspects – Delay of 8 years
(b) Whether Application under Section 17-B is maintainable, if award is not passed but one of the party approached higher court under Article 226 of Constitution of India