ORDER

1. At the outset, Mr. Nariman, learned senior counsel appearing on behalf of the petitioner submits that despite the fact that the agreements in question had not been filed before the High Court as also before this Court, copies thereof have been served upon the learned Additional Solicitor General.

2 It is stated by the learned Additional Solicitor General that the department has sought for some particular documents.

3. In the facts and circumstances of this case, thus, we are of the opinion that the question in regard to the jurisdictional issue, may be determined, by the authority concerned as a preliminary issue, in terms of the decision of this Court in Management of Express Newspapers (Private) Ltd., Madras v. The Workers and Ors. : (1962)IILLJ227SC , Wherein this Court has held as under:

(15) The High Court undoubtedly has jurisdiction to ask the Industrial Tribunal to stay its hands and to embark upon the preliminary enquiry itself. The jurisdiction of the High Court to adopt this course cannot be, and is indeed not disputed. But would it be proper for the High Court to adopt such a course unless the ends of justice seen to makes is necessary to do so? Normally, the qu