The petitioner has filed the petition challenging the order passed by the Labour Court Annexure P-1 dated 22.2.2002 by which the Labour Court directed that the parties' evidence will be recorded on all the issues. Previous to it, the Labour Court, on 3.8.1995 while framing issues, directed that issues 3 and 4 will be decided as preliminary issues. During the trial, the Court found that it will be proper to record evidence on all issues and directed parties to produce evidence on all the issues. This has caused grievance to the petitioner and filed the present petition.

The contention of the learned counsel for petitioner is that once Labour Court has directed to decide issues No.3 and4 on 3.8.1995, then the Court was having no jurisdiction to review its earlier order and erred in passing order dated 22.2.2002. To substantiate his contention; the learned counsel has relied upon the judgment of this Court in Expo Machinery Limited v. Presiding Officer, Labour Court [1995 MPLJ 896] and contended that the Labour Court has no jurisdiction to review its order. The aforesaid case was decided under Madhya Pradesh Industrial Relations Rules, 1957.

In the present case, the Labour Court has started proceedings on reference under section 10 of the Industrial Disputes Act. Thereafter the respondent and employee filed their pleadings. The Court framed issues on 15.11.1994. On 3.8.1995, the Court has directed to decide issues 3 and 4 as preliminary issues and the case was fixed for hearing on aforesaid two issues. The petitioner has adduced its evidence in respect of those two Issues.

Reference under section 10 of the Industrial Disputes Act will be decided as per procedure under rule 10B of Industrial Disputes (Central) Rules, 1957. The relevant rules are sub-rules 4 and 5 of rule 10B which read as under:

"(4) The party raising a dispute-may submit a rejoinder if it chooses to do so, to the written statement(s) by the appropriate party or parties within a period of fifteen days from the filing of written statement by the latter.

(5) The Labour Court, Tribunal or National Tribunal, as the case may be, shall fix a date for evidence within one month from the date of receipt of the statements, documents, list of witnesses, etc., which shall be ordinarily within sixty days of the date on which the dispute was referred for adjudication."

The aforesaid rules do not provide framing of any issue but immediately after filing the return and rejoinder, Court has to record evidence as enumerated in sub-rule (5) of rule 10B of the Rules, 1957. Itr appears that for the convenience of the parties, the labour Court frames issue(s) so that parties may understand the issues involving in the case. But there is no specific provision for framing issues, like Order 14 of the Code of Civil Procedure. Even in a civil suit if there are several issues and preliminary issues cannot be decided without recording the evidence then it ought to have been decided along with other issues as has been held by Full Bench of this Court in the case of R. Umraomal v. P. Jagannath [1979 JLJ 720] where this Court held in para 10 of the judgment:

"10. Therefore, after reviewing the entire case law on the point, we are of the opinion that under Order 14 Rule 2, C.P. Code, an issue relating to jurisdiction of the Court can be tried as a preliminary issue only if it can be disposed of without recording any evidence. If the issue about jurisdiction is a mixed question of law and fact requiring recording of evidence, the same cannot be tried as a preliminary issue. Consequently, the decisions cited as authorities on behalf of the applicant cannot be accepted as laying down the correct law. In fact, the Division Bench order dated 25.8.1977 reported in Ram Dayal Umraomal v. Pannalal Jagannathji. has not at all answered the reference in clear words either this way or that way, creating confusion, and we are unable to agree with the view expressed therein and c