BHARAT HOTELS LTD Vs. GNCT OF DELHI

JUDGEMENT

(1.) With the consent of counsel for the petitioner and respondent No. 2-workman, this writ petition has been heard today itself finally in view of the fact that only a short law point is involved as to whether the labour Court is expected to decide the question about the validity of a domestic inquiry, when it is challenged by the dismissed workman, as a preliminary issue or the same has to be decided along with ail other issues arising out of the pleadings of the parties.

(2.) The labour Court in the present case has declined to decide the workman's challenge to the validity of the domestic inquiry being relied upon by the petitioner-management as a preliminary issue. The respondent No. 2 workman is also not wanting that, issue to be decided as a preliminary issue and his counsel has submitted that by treating only one Issue as a preliminary issue and inviting a decision on that preliminary issue alone at first instance the mandate of the Legislature as enshrined in the Industrial Disputes Act for the disposal of all labour disputes within a period of three months from the making of the reference would be defeated. It has also been argued that whenever any finding is given on the preliminary issue that becomes challengeable before the superior Courts and in that process, years and years are consumed and the final adjudication of the disputes is delayed.

(3.) The learned Labour Court in the present case while declining to treat the issue of enquiry as a preliminary Issue has placed reliance on a Single Judge Bench judgment of this Court in Glaxo Smithkitne Consumes, Healthcare Ltd. v. Presiding Officer, Labour Court-IX And Another, 2010 4 LLJ 739.