TMI Blog2009 (1) TMI 778X X X X Extracts X X X X X X X X Extracts X X X X ..... the authority shall be based on the interpretation of the agreement in question and in accordance with law - SLP dismissed. - SPECIAL LEAVE PETITION NO. 464 OF 2009 - - - Dated:- 23-1-2009 - S.B. SINHA AND MUKUNDAKAM SHARMA, JJ. For the Appellant :F.S. Nariman, Iqbal Chagla, S. Ganesh, Percy Pardiwalla, Ms. Anuradha Dutt, Ms. B. Vijayalaxshmi Menon, S.C. Sharma, Ms. Ekta Kapil, Pawan Sharm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned as a preliminary issue, in terms of the decision of this Court in Management of Express Newspapers (P.) Ltd. v. Workers AIR 1963 SC 569, wherein this Court has held as under : 15. The High Court undoubtedly has jurisdiction to ask the Industrial Tribunal to stay its hands and to embark upon the preliminary enquiry itself. The jurisdiction of the High Court to adopt this course c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the decision of such a preliminary issue brought before a High Court in its writ jurisdiction. We wish to point out that in making these observations, we do not propose to lay down any fixed or inflexible rule; whether or not even the preliminary facts should be tried by a High Court in a writ petition, must naturally depend upon the circumstances of each case and upon the nature of the prelimi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lear that the petitioner shall be entitled to question the decision of the authority on the preliminary issue before the High Court, in the event the same is decided against it. The question of law to that extent shall remain open. We are sure that the decision of the authority shall be based on the interpretation of the agreement in question and in accordance with law. 5. The special leave pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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