Neutral Citation No. - 2025:AHC:79351 Court No. - 33 Case :- WRIT - C No. - 7650 of 2025 Petitioner :- M/S Peerless General Finance And Investment Company Ltd And Ors Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Naman Agarwal,Nipun Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The order dated 27.11.2024 passed by the Presiding Officer, Labour Court, Kanpur/respondent no.2 in Ref. No.4/2024 arising from CP Case No.30 of 2023 is under challenge in the present writ petition. 2. It is argued by counsel for the petitioners that wholly illegally preliminary issue raised by the petitioner/employer before the labour court was not decided as a preliminary issue taking into consideration the law laid down by the Hon'ble Apex Court in the case of V. G. Jagdishan Vs. Indofos Industries Ltd. (2022) 6 SCC 167. 3. It is argued by counsel for the petitioners that aforesaid judgement has been misinterpreted by the labour court by saying that no preliminary issue should be decided at initial stage and all the issues should be decide while deciding the matter finally. 4. Heard learned counsel for the parties and perused the records. 5. From perusal of the order impugned it appears that preliminary issue was raised by the petitioner to the effect an application was filed by the workman after more than 23 years from the date of termination and after ten years from the date of superannuation hence this issue should be decided as preliminary issue. 6. In this view of the matter and also in the interest of justice, the order dated 27.11.2024 is set aside. The court below is directed to decide the preliminary issue raised by the petitioner first and thereafter go ahead with the matter. Further direction is given to the parties not to take any unnecessary adjournment. 7. Since the present order has been passed without calling for response from the respondent no.4-Shyam Sunder Singh, he is free to move a recall application, if so advised within 30 days from today. 8. Accordingly, present writ petition is disposed of. Order Date :- 14.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad