GRASIM INDUSTRIES LIMITED Vs. DEEPCHAND THROUGH MANAMANTRI

JUDGEMENT

(1.) Learned counsel for the parties have made a statement at Bar that the present writ petitions be disposed of in terms order dated 09.10.2017 passed in Writ Petition No.6023/2017 ( Grasim Industries Limited v. Prem Chand s/o Dadhiwal) and the aforesaid decision of this Court shall apply mutatis mutandis in the writ petitions also.

(2.) Order dated 09.10.2017 passed in Writ Petition No.6023/2017 ( Grasim Industries Limited v. Prem Chand s/o Dadhiwal) reads, as under: -

(3.) A dispute has been referred under Section 10 of the Industrial Dispute Act, 1947, to the Industrial Tribunal for adjudication. A preliminary objection was raised by the employer stating that the workman in question is not a workman keeping in view the statutory provisions as contained under the provisions of the Industrial Disputes Act , 1947 and another ground has been taken by the employer that after the superannuation the workman is no longer a workman and the question of referring a dispute under Section 10 , does not arise, as Section 2(s) provides specific definition of workman. An application for deciding the aforesaid two issued as preliminary issues has been rejected by the Industrial Tribunal vide order dated 9.11.2016. The learned writ court by order dated 6.3.2017, set aside the order of the Industrial Tribunal and directed the learned Tribunal to decide the preliminary issue first and then shall be proceed ahead in the matter of reference. Relevant part of the order reads as under :-