SURESHBHAI I THAKKAR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Shri R.S. Sanjanwala, learned counsel for the petitioner; Shri K.M. Patel, learned counsel for the respondent.

(2.) Complaint of the petitioner is that the parties were heard on an application wherein the respondent had prayed for casting a preliminary issue into the maintainability of the Reference and into the status of the petitioner as workman but the Court, instead of casting the issue, decided the matter on merits and rejected the claim. Being confronted with this factual aspect, Shri K.M. Patel, learned counsel for the respondent submits that the order of rejection be set aside, the matter be sent to the Labour Court with a direction to cast an issue and thereafter proceed with the matter in accordance with law. Shri Sanjanwala, learned counsel for the petitioner, however, submits that even if the issue is cast, the same cannot be taken to be a preliminary issue, because, status of a workman can be decided on the strength of the evidence brought on the record.

(3.) In view of the fair concession made by Shri K.M. Patel, I set aside the award and remand the matter back to the Labour Court with a direction that it shall cast an issue into the status and entitlement of the workman and into the maintainability of the Reference. On the question whether such issue is required to be decided as a preliminary issue or not, the parties would be free to address their argument before the Labour Court. After hearing the parties, the Labour Court shall decide that whether the issue can be decided without recording evidence or evidence would be needed to decide the issue.