ORION ROPES PVT LTD Vs. YOGESH NAMDEO MANE

JUDGEMENT

(1.) Heard. The present petition impugns two orders passed by the Industrial Court, Dhule. One is the order passed below Exh. C-4 for deciding preliminary issue and another is an order passed on an application for amendment/addition of party.

(2.) Mr. Ghuge, learned Counsel for the petitioners submits that while rejecting the application Exh. C-4, the Industrial Court has practically given the finding on the preliminary issue sought to be framed. The observations therein are as if the Court is concluding the finding on the issue. The learned Counsel contends that the complaint as it is was not maintainable. The petitioners have raised valid preliminary issues and the Industrial Court could not have dealt with them in such a manner.

(3.) As far as decision on Exh. C-4 is concerned, the same could not be interfered in the writ jurisdiction of this Court. The Court has rejected the application for framing the issue as a preliminary issue. It was within the domain of the Tribunal in declining to try a particular issue as a preliminary issue. The observations made therein are prima facie in nature and are only meant for deciding Exh. C-4. The Industrial Court would decide the said issues on its own merits as and when the said issues are taken up for hearing.