Mixed questions of law and fact in labor disputes should be resolved during final hearings, not as preliminary issues.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsels for the parties.

2. The petitioner has assailed the order dated 18.07.2024 (Annexure-12), passed by the Labour Court, Bokaro in Trade Union Appeal No. 1/2023, whereby the preliminary objection raised by the petitioner was not considered and the same was rejected on the ground that the issue involves a decision of both question of fact and question of law, as such, the same shall be considered at the time of final hearing of the appeal.

3. The brief facts of the case are that Bokaro Steel Workers Union was registered by the Registrar, Trade Union of undivided Bihar; however, the Registrar, Trade Union, Bihar in the year 2017, cancelled the registration of 980 trade unions which were active in the State of Jharkhand after reorganisation and creation of the State of Jharkhand. Subsequently, the Labour Department of the State of Jharkhand published an invitation for getting those cancelled Trade Unions registered with State of Jharkhand.

4. In response to that the Petitioner filed an application along with relevant details of registration. Simultaneously, the 6th Respondent also filed a separate application for re-registration before the Registrar, Trade Union, Ranchi. Thus, two applications, for re-registration of the same Bokaro Steel Workers Union, were before the Registrar, Trade Union of Ranchi, one by the Petitioner and one by the 6th Respondent.

The Registrar, Trade Union referred the matter to the Deputy Labour Commissioner, Bokaro to enquire into the matter and after getting the report form the Deputy Labour Commissioner; the Registrar, Trade Union, after granting opportunity to all the parties, granted re-registration of Bokaro Steel Workers Union headed by the Petitioner vide order dated 04.06.2021.

Thereafter, being aggrieved with the order dated04.06.2021 of the Registrar, Trade Union, the 6th Respondent filed a writ application before this Court being W.P. (C) No. 2690 of 2021 for quashing the letter dated 04.06.2021 issued by the Registrar, Trade Union, Jharkhand whereby the said respondent denied the application for registration submitted by 6th Respondent on the ground that the name of 5th Respondent did not find mention in the Form-B register.

5. The said writ application was finally heard by a Coordinate Bench of this Court and disposed of by giving liberty to the Petitioner (6th Respondent herein) to prefer an appeal in terms of Section 11 of the Trade Union Act, 1926. Pursuant thereto; an appeal was filed by the 6th respondent. In the said appeal filed before the learned Labour Court, Bokaro, even the Petitioner filed a written statement contending therein that Trade Union Appeal No.01/2023 is not maintainable.

6. Subsequently, the Petitioner also filed an application to hear the appeal on maintainability under Section 11 of the Trade Union Act as the preliminary issue. The 6th respondent filed a rejoinder to the said preliminary objection and finally the learned Labour Court vide order dated 18.07.2024, has dismissed the said application of this Petitioner to decide the maintainability of the case as preliminary issue by holding that the issue/objection raised by the Petitioner involves a mixed question of fact and law and as such, the facts and law raised through the petition dated 10.05.2024, will be considered at the time of final hearing of appeal on merit. The said order has been made imp