M. BHAKTAVATSALA Vs. SMT. SHANTHA MURTHY W/O. NARASIMHA MURTHY OPPOSITE SHARADHA DEVI SCHOOL GUNDAPPA SHED EXTENSION SHIMOGA-577 201

JUDGEMENT

(1.) THIS appeal assails the order of the learned Single Judge who had applied the decision of the Supreme Court in D.P. Maheshwari vs. Delhi Administration and others ( AIR 1984 SC 153 ). In the said case their lordships have stated that "It is also worthwhile remembering that the nature of the jurisdiction under Article 226 is supervisory and not appellate while that under Article 136 is primarily supervisory but the court may exercise all necessary appellate powers to do substantial justice. In the exercise of such jurisdiction neither the High Court nor this Court is required to be too astute to interfere with the exercise of jurisdiction by special tribunals at interlocutory stages and on preliminary issues."

(2.) THE controversy in the instant case at this stage is whether the appellant falls within the definition of an 'industry' and the respondent -employee is within the contemplation of the word 'workman'. The Labour Court has returned a finding against the appellant on facts. While doing so, the Labour Court took into account the fact that the amendment to Section 2(j) of the Industrial Disputes Act, 1947, had not been notified and therefore not to be referred to. The preliminary objection raised by the appellant was therefore turned down.

(3.) WE are unable to appreciate the topicality of these paragraphs. They were given totally in different circumstance i.e. where certain directions had been made by the High Court despite holding that the jurisdiction under Articles 227 of the Constitution of India, had not been brought home. Since those directions were ensured with quality was not forgotten their lordships had made the clarifications.