VIPPY SPINPRO LTD. Vs. GANESH THAKRE

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 20.08.2018 by which the Labour Court has decided the issue No.4 & 5 as a preliminary issue against the petitioner.

(2.) The respondents have raised the Industrial dispute before the Additional Labour Commissioner under Section 10 (1) of the Industrial Dispute Act, 1947. The conciliation proceedings between the petitioner and the respondents ended into failure and vide order dated 04.01.2016, the State Government has referred the dispute to the Labour Court for adjudication. The terms of the reference are reproduced below:

(3.) The respondents filed the statement of claim and thereafter, the present petitioner filed the written statement. On the basis of pleadings, the labour Court framed 5 issues for adjudication. The issue No.4 and 5 have been framed in respect of maintainability of the reference under the provisions of Industrial Disputes Act, 1947. The issue No.4 and 5 are reproduced below: