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adjudication the labour
court should first decide as a preliminary issue whether the
domestic enquiry has violated the principles ... parties that question must be decided as a preliminary
issue.On that decision being pronounced it will
Supreme Court of India
jurisdiction by Special tribunals at
interlocutory stages and on preliminary issues.
HEADNOTE:
An industrial dispute concerning the termination of
services ... jurisdiction by special tribunals at
interlocutory stages and on preliminary issues. [951 G-H]
Tribunals like Industrial Tribunals are constituted
Supreme Court of India
validity of the
enquiry against a workman but adjudicating preliminary issue
that the enquiry was in accordance with the principles ... held that after the Industrial Tribunal adjudicated upon the
preliminary issue whether the enquiry was in accordance with
the principles
Supreme Court of India
validity of the domestic inquiry as
a preliminary issue and also ask for an opportunity to
adduce evidence before ... Tribunal if the finding on the
preliminary issue is against the management. In such a case
if the finding
Supreme Court of India
petition
for an appropriate writ. The finding on the preliminary
issue whether an action of a party amounts ... should be circumvented and the
decision of such a preliminary issue brought before the High
Court on its writ jurisdiction
Supreme Court of India
Whether trial Court
should frame a preliminary issue in absence of the defendant
on the date hearing ... decided by the Small Cause
Court as a preliminary issue."
Two questions arose for decision in this appeal. First,
whether
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validity of the domestic inquiry as
a preliminary issue and also ask for an opportunity to
adduce evidence before ... Tribunal if the finding on the
preliminary issue is against the management. In such a case
if the finding
Supreme Court of India
Establishments would give up their old habit of raising
preliminary issues in Industrial References as to " whether
they ... following additional issue be
framed and decided as preliminary
issue:
a) Whether the reference
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preliminary
objection regarding limitation and contended that on the preliminary
issue the main petition should be dismissed in limine ... issue
regarding limitation should be heard as a preliminary issue which
cannot be done in law. The respondents had committed
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Arbitration and Conciliation Act, 1996 on the
preliminary issues is a Judicial order and, on facts,
is
liable ... even if they
contain reasons and decision on certain preliminary
issues raised by the parties at the stage of
appointment
Supreme Court of India
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