AIIMS Vs. SH SATPAL SINGH

JUDGEMENT

(1.) THE petitioner has impugned the order dated 10th May, 2006 of the Labor court declining to treat the issue whether the management is an industry or not as a preliminary issue after the workman had already filed his evidence on affidavit.

(2.) THE petitioner contended before the Labor Court that a writ petition cw (Civil) No. 896/1999 is pending before the High Court where the point involved is also whether the All India Institute of Medical Sciences is an industry or not.

(3.) THE Labor Court has noted that there is no order of the High Court staying the proceedings in the case and since the case is still at the stage of workman"s evidence there was no reason not to proceed with the matter at that stage. Since the workman had already filed his evidence by way of affidavit on all the issues, therefore, whether AIIMS is an industry or not has not been treated as a preliminary issue as whether AIIMS is an industry or not is not solely a question of law but also a question of fact.