JUDGMENT - R.M. LODHA, J.:---Rule. Returnable forthwith. Mr. Ganguli waives service for respondent No. 1. Service of respondent No. 2 is dispensed with. Heard finally at this stage by consent of the learned Counsel for the parties.

2.This writ petition under Article 226 of the Constitution of India is filed by the Indian Smelting Refining Co. Ltd. (for short "the employer") aggrieved by the order dated September 3, 1997 passed by the Industrial Tribunal, Mumbai, whereby the said Tribunal rejected the application made by the employer for deciding the issues relating to maintainability of the complaint as preliminary issues.

3.The brief facts essential for the disposal of the writ petition and the contentions advanced by the learned Counsel for the parties are : Shri Subhash Vishnu Patil (for short "the workman") - the 1st respondent herein - was employed by the employer in the year 1978 as Shell Mould Cum ore Maker. The workman is an active member of a union, namely, the Association of Engineering Workers. The Association of Engineering Workers, which according to the employer, is not a recognised union, submitted a charter of demands in or about the year 1984 to the employer.

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