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2009 Supreme(All) 153

S.U.KHAN
SAFARI INDUSTRIES (INDIA) LTD. , MUMBAI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S. Charterjee for the Petitioners; R.G. Prasad, S.C. for the Respondents.

JUDGMENT

Honble S.U. Khan, J.—In this case on 16.10.2008 following order was passed (on the order sheet) :

"Question of jurisdiction was raised before the Labour Court and on behalf of employer­petitioner it was prayed that it might be decided as a preliminary issue. Labour Court held that question of jurisdiction would be decided alongwith other issues while deciding the reference finally. The dispute is as to whether Labour Court at Kanpur or Labour Court at Mumbai will have jurisdiction to decide the industrial dispute between the parties. The Court proposes to decide the question of jurisdiction finally in this writ petition i.e. whether Labour Court at Kanpur has got jurisdiction or Labour Court at Mumbai. As it is a pure question of law and there is no dispute regarding facts which are necessary for deciding this question hence no counter affidavit is necessary.

Learned counsel for both the parties agree for final decision on the question of jurisdiction.

Accordingly, put up on 18.10.2008. 17.10.2008 is reported to be the date fixed before the Labour Court at Kanpur. If an adjournment application is filed then the case may be adjourned for about two weeks."

2. Petitioner No. 1 i


















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