MANAGEMENT OF VEEJAY LAKSHMI ENGINEERING WORKS LTD Vs. PRESIDING OFFICER LABOUR COURT AND V N SARANGAPANI

JUDGEMENT

(1.) The prayer in the writ petition is to issue a writ of mandamus directing the 1st respondent/Labour Court to decide the issue as to whether the 2nd respondent is a workman or not under Section 2(s) of the Industrial Disputes Act as a preliminary issue. According to the petitioner, the 2nd respondent was dicharged from service which is now the subject matter of an industrial dispute before the 1st respondent in I.D. No. 22 of 2000.

(2.) According to the management, the 2nd respondent is not a workman and accordingly had raised a preliminary objection by filing a memo dated 23.7.2009. In the said memo it was contended that the management should be permitted to adduce evidence on the preliminary issue. Accordingly the management has also examined certain witnesses and produced as many as 21 documents. An interlocutory application was filed in I.A. No. 700/2005 by the management stating that both the parties should be heard on the preliminary issue.

(3.) A counter statement has been filed and a request was made to the Labour Court to reopen the case for advancing certain arguments. A memo has been filed by the management on 20.9.2005 praying that orders may be passed on the issue of Section 2(s) of the Industrial Disputes Act. This memo is said to have been recorded by the Labour Court. The management also relied on certain decisions in support of their contention that the Labour Court is equally empowered to decide the preliminary issue. However by the diary order dated 8.9.2009, Labour Court directed the management to proceed on the other issues also simultaneously. Aggrieved by the said diary order, the present writ petition has been filed.