SOUTH INDIA VISCOSE LIMITED NOW KNOWN AS SIV INDUSTRIES LIMITED Vs. PRESIDING OFFICER LABOUR COURT COIMBATORE

JUDGEMENT

(1.) THIS writ appeal is preferred against the order dated 23. 2. 1996 passed by the learned single Judge in W. P. No. 15621 of 1995, declining to exercise jurisdiction under Art. 226 of the Constitution, having regard to the decision of a Division Bench of this Court is N. Gurumurthy v. Second Additionallabourcourt, (1995)1 LLN. 1022. Therefore, the petitioner in the writ petition has come up with this appeal.

(2.) IT is contended on behalf of the appellant that the decision in N. Gurumurthy's case, (1995)1 L. L. J. 1022 related to a case wherein the dispute was raised on a reference made under Sec. 10 of the Industrial Disputes Act, whereas in the instant case, there is no such reference and only a petition under Sec. 33-C (2)of the Industrial Disputes Act (hereinafter referred to as'the Act') is filed. Therefore, it is contended that the reasons relevant to the proceedings on a reference made under Sec. 10 of the Act will not be relevant while deciding the question as to whether this Court should exercise jurisdiction under Art. 226 of the constitution against the preliminary finding as to jurisdiction recorded by the labour Court in a petition under Sec. 33-C (2) of the Act.

(3.) AS the objections filed on behalf of the appellant related only to the maintainability, it is open to the appellant to file a detailed objections to the claim made by the workman in four weeks. Consequent to the rejection of the writ appeal C. M. P. No. 6078 of 1996 is also dismissed. .