DELHI FLOUR MILLS CO LTD Vs. RAM AVTAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 7th November, 2007 passed by the learned Single Judge whereby the prayer of the appellant to try the issue as to ?whether the employee ? claimant (respondent herein) is not a workman? as a preliminary issue was negated by the learned Single Judge.

(2.) ON going through the records, we find that the Labour Court framed the following issues on 28th April, 1998:

(3.) AT that stage, the order that was passed by the Labour Court was that only issue No. 3 should be treated and decided as a preliminary issue. The parties accepted the said decision and led evidence to have issue No. 3 decided. By its order dated 30th June, 2003, the Labour Court decided the said preliminary issue against the management by holding that both the enquiries were vitiated on the ground that the enquiries were not fair and proper and were not held in accordance with the principles of natural justice. It appears that an application was moved by the management on 10th December, 2004, more than six years after the framing of issues, before the Labour Court for treating issue no. 1 as to whether or not the respondent is a ?workman? as alleged in the written statement filed by the management, as a preliminary issue. The Labour court by the impugned order dated 20th July, 2005 accepted the aforesaid plea and directed that the said issue as to whether or not the respondent is a workman within the meaning of Section 2 (s) of the Industrial Disputes Act may be treated as a preliminary issue.