LAWS(BOM)-2002-2-149

KOLHAPUR ZILLAH SAHAKARI DUDH UTPADAK SANGH LIMITED KOLHAPUR Vs. KOLHAPUR ZILLAH SAHAKARI DUDH UTPADAK KARAMACHARI SANGHATANA

Decided On February 26, 2002
Kolhapur Zillah Sahakari Dudh Utpadak Sangh Limited Kolhapur Appellant
V/S
Kolhapur Zillah Sahakari Dudh Utpadak Karamachari Sanghatana Respondents

JUDGEMENT

(1.) The writ petition is directed against the order of the Industrial Court dated 9.10.2001 rejecting the petitioner's application for framing and deciding two issues as preliminary issues. The following two issues were required to be framed and to be decided as the preliminary issues as per the say of the petitioner.

(2.) The aforesaid observation only connotes what is to be done once the conclusion is reached that the issue is to be decided as a preliminary issue. What has been held how-ever by the Industrial Court in the instant matter is concerned is that the issues are not necessary to be decided as the preliminary issue. The observations made in para-graph 13 and quoted above therefore is of no assistance to the instant case. The Industrial Court on the facts before it has ultimately found that the issues as raised cannot be dealt with as preliminary issues since they require leading of evidence and further also found that delay may lead to misery and jeopardy and that deciding all the issues at the same time without trying the two issues as preliminary issues would be more probably with such a reasoning no fault can be found. In any case it does not call to interference in writ jurisdiction. The instant petition in the result cannot be entertained and it is therefore summarily rejected.

(3.) An ordinary copy of this order authenticated by one of my Personal Secretaries be given to the concerned parties.