SATSANG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAHLAD Tiwary, the respondent herein has filed petition in W. C. Case No. 1/2001 before the learned Labour Court, Deoghar claiming compensation as he is entitled to the compensation as a workman working under the appellant as he met with an accident while performing his duty and sustained injuries as such he is entitled to approach the Labour Court under the provisions of Workmen's compensation Act. Even before commencement of enquiry, the appellant, 'satsang' filed an interlocutory application, stating that Satsang is not an industry nor is an employer under the workmen's Compensation Act, and therefore, on the basis of the preliminary issue the main petition to be dismissed.

(2.) THE said interlocutory application was dismissed by the Labour Court on July 19, 2002, holding that since the question as to whether 'satsang' comes under the category of industry or not is a mixed question of fact and law requiring evidence from both sides, as such preliminary issue can be decided along with other issues only at the final stage.

(3.) THE said order dated July 19, 2002 was challenged by the appellant before the single judge in W. P. (C) No. 271/2003. The learned single Judge dismissed the same by order dated august 14, 2003. Hence this Letters Patent appeal.