LAWS(ALL)-2010-3-281

MILTON GLASS INDUSTRIES Vs. STATE OF U.P.

Decided On March 29, 2010
Milton Glass Industries Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD .

(2.) LEARNED Counsel for the petitioners could not show anything which may persuade this Court to issue a direction to the Labour Court to decide the preliminary issue first. By the order dated 25th of March, 2010 time was granted to the learned Counsel for the petitioners to look into the statutory provisions. But he could not point out any such provision.

(3.) IN the case of D.P. Maheshwari v. Delhi Administration and others, 1983 (47) FLR 477 (SC) the Apex Court has held that there was a time when it was thought prudent and wise policy to decide preliminary issues first. But the time appears to have arrived for a reversal of that policy. It has been held that it is better that Tribunals, particularly those entrusted with the task of adjudicating labour disputes where delay may lead to misery and jeopardise industrial peace, should decide all issues in dispute at the same time without trying some of them as preliminary issues. The relevant portion is reproduced below: