PAUNI SHIKSHAN SANSTHA Vs. SUNIL RAJARAM UPARIKAR SHRI

JUDGEMENT

(1.) RULE. RULE made returnable forthwith. Heard by consent. By the impugned order dated 10th April, 2000, the Industrial Court has allowed the application for amendment filed by the respondents, seeking further relief of reinstatement under section 25-H of the Industrial Disputes Act.

(2.) THE respondents filed complaint before the Industrial Court at Nagpur under section 28 read with section 30 of the Maharashtra Act No. 1 of 1972. The said complaint has been resisted by the petitioners by taking a specific stand that the petitioner is not an industry and in any case, relief sought in the complaint is exclusively triable by the School Tribunal. In the circumstances, preliminary objection was raised and the Tribunal was called upon to address itself to the said preliminary issue before proceeding in the matter. Instead of deciding the said preliminary issue, the Tribunal proceeded to allow the amendment application. The question of allowing the amendment would arise only if the Court has jurisdiction to try and decide the proceedings pending before it. In my view, the Tribunal ought to have addressed itself to the preliminary objection raised on behalf of the petitioner about the maintainability of the complaint. Learned Counsel for the respondents has placed reliance on unreported decision of this Court in (Dr. Ambedkar College, Nagpur and another v. Prakash Ganar and another), Writ Petition No. 2000 of 1997 decided on 13th October, 1997 to contend that it was not necessary for the Industrial Court first to decide the issue of maintainability of the complaint and jurisdiction to decide the same. The decision relied upon clearly takes a view that in the facts of the said case, the issue which was raised before the Industrial Court, was clearly outside the purview of the College Tribunal. Having recorded the said finding, this Court was pleased to reject the writ petition preferred by the college. It is necessary to point out that in the said case the issue which was taken up before the Industrial Court was regarding the challenge to the order passed against the employee, which according to this Court, was outside the purview of the College Tribunal. However in the present case, the relief which is now sought by the respondent, is for directing reinstatement of the respondent, which is exclusively triable and can be adjudicated upon by the School Tribunal in an appeal under section 9 of the Act of 1977. In the circumstances the impugned order cannot be sustained. The Tribunal shall address itself to the main issue of jurisdiction of the Industrial Court to try and adjudicate the complaint as presented before it by the respondent. Rule made absolute in the aforesaid terms. No order as to costs. Rule made absolute.