AUTOMOTIVE AXLES LTD Vs. N SANDESHKUMAR

JUDGEMENT

(1.) This writ appeal by the appellant Management challenges the judgment and order dated 27.03.2018 made by the learned Single Judge in appellant's writ petition Nos.12726 & 12727/2018 (L-RES) whereby, the said writ petition is dismissed upholding the common order dated 03.03.2018 made by the Labour Court at Mysore in Reference Nos.12 & 13/2017. By the said order, the learned Presiding Officer of the Labour Court has rejected appellant Management's prayer to treat certain questions as preliminary issues before dwelling into merits of the industrial dispute.

(2.) The brief facts of this case are :-

(3.) The learned counsel for the appellant Management in substance contends that the jurisdiction of the Labour Court is essentially dependent upon the answer to the question as to whether the respondents fit into the definition of "Workman" given under Section 2 (s) of the I.D. Act, 1947, as interpreted by the Apex Court in a catena of decisions. He submits that if an Industrial Tribunal/Labour Court proceeds to assume jurisdiction over a non-industrial dispute, the same could be put to challenge, as held by the Apex Court in the case of Management of Express (Pvt) Ltd, Madras Vs. The Workers and Others, 1963 AIR(SC) 569.