JUDGMENT :. Heard learned Counsel for both sides. This petition can be disposed of at the stage of admission itself. Hence, Rule. By consent, rule made returnable forthwith. By this petition under Article 226 of the Constitution of India, a finding on a preliminary issue rendered by the Court below vide its order dated 30th 'September, 2006 is sought to be quashed and set aside. The Industrial Tribunal, Mumbai has before it a reference made at the instance of first respondent herein. During the pendency of the said reference and pursuant to certain directions of this Court, preliminary issues have been framed. The same are as follows:-

"(i) Whether the employees concerned in the proceeding are covered under the ambit of "Workman" as per provisions of I.D. Act?

(ii) Whether the grievance made on behalf of the employees is an "Industrial dispute"?

(iii) Whether the second party union has right to raise "dispute" on behalf of the workmen?

(iv) Whether the Reference is maintainable in view of filing and pendency of Civil Suit No.2557 of 2002 ?"

2. In my view, it is not necessary to decide the challenge to the orders at exhibits H and I to the writ petition, because, now both sides agree tha

Click Here to Read the rest of this document