P S DORANDA Vs. KARTIK MAHTO

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking issuance of an appropriate direction for quashing the order dated 25.9.2008 ( Annexure 7 to the writ petition ) passed by the Presiding Officer, Central Government Industrial Tribunal cum Labour Court at Dhanbad in Reference Case No. 64 of 2002 whereby the application of the petitioner for deciding the jurisdictional point has been directed to be decided along with other issues after recording evidence of the parties.

(2.) In substance, the Central Government referred the matter to the Tribunal and the petitioner filed an application that the matter pertains to the abolition of the Contract Labour and the subject matter relates to the State Government and the Central Government has no power to refer the matter for adjudication. It is the State Government who is competent to refer the matter to the State Tribunal. After hearing the parties, the Tribunal came to the conclusion that this issue requires evidence and it also held that all issues should be disposed of at one time and the Tribunal should dispose of the issues, whether preliminary or otherwise, at one point of time. Holding the above view the application was decided accordingly.

(3.) I have heard the learned counsel for the petitioner and perused the records.