AIIMS Vs. PALA

JUDGEMENT

(1.) RULE. WITH the consent of the parties the matter is taken up for final disposal.

(2.) THE learned counsel for the respondent contends that the respondent shall have no objection in case the issue pertaining to the jurisdiction of the labour Court, whether the AIIMS is an industry or not is also decided as a preliminary issue, as a prelimnary objection has been taken by the petitioner that All India Institute of Medical Sciences is not an industry within the meaning of Section 2 (j) of the Industrial Disputes Act, 1947.

(3.) IN view of this, the Labour Court is directed to frame an additional issue pertaining to the jurisdiction of the Labour Court to the effect whether all India Institute of Medical Sciences is an industry as contemplated under section 2 (j) of the Industrial Disputes Act, 1947 or not and decide the said controversy also as a preliminary issue along with the preliminary issue already framed "whether the enquiry conducted by the management was just and fair. "