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1983 Supreme(SC) 283

D.A.DESAI, O.CHHINNAPPA REDDY, A.V.VARADARAJAN
D. P. Maheshwari – Appellant
Versus
Delhi Administration – Respondent


Advocates:
A.K.Gupta, ASHOK GROVER, G.B.PAI, R.N.Poddar, S.N.BHANDARI

JUDGMENT

CHINNAPPA REDDY, J.:— It was just the other day that we were bemoaning the unbecoming devices adopted by certain employers to avoid decision of industrial disputes on merits. We noticed how they would raise various preliminary objections, invite decision on those objections in the first instance, carry the matter to the High Court under Article 226 of the Constitution and to this Court under Article 136 of the Constitution and delay a decision of the real dispute for years, sometimes for over a decade. Industrial peace, one presumes, hangs in the balance in the meanwhile. We have now before us a case where a dispute originating in 1969 and referred for adjudication by the Government to the Labour Court in 1970 is still at the stage of decision on a preliminary objection. There was a time when it was thought prudent and wise policy to decide preliminary issues first. But the time appears to have arrived for a reversal of that policy. We think it is better that tribunals, particularly those entrusted with the task of adjudicating labour disputes where delay may lead to misery and jeopardise, industrial peace, should decide all issues in dispute at the same time without tryin













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