TMI Blog1996 (2) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... whether they are an 'Industry' within the meaning of the Industrial Disputes Actor not , but Samuel Johnson's observation that one of the maxims of civil law is that definitions are hazardous is still true and this question continues to be raised almost in every case before the Tribunal. 3. The appellant is no exception and it has also raised the same question which has brought this industrial litigation, still at its infancy, to this Court. 4. The appellant is a society registered under the Societies Registration Act, 1960 and respondent no.3 is an association of its employees. In Writ Petition No.12525 of 1991 filed in the High Court of Punjab Haryana, respondent no.3 prayed for a direction that the appellant shoul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r evidence and arguments in this issue. 7. The Industrial Tribunal, however, by its order dated 22nd of August, 1995 directed that the preliminary issue as also other issues will be considered together. Its order read as under:- Affidavits are not filed. Reply to the application moved on 27.7.95 is filed after hearing the Ars for the parties at length, I feel it shall be in t he fitness of things that the parties file their affidavits in support of their rival contentions. The preliminary issues as well as the other main issue may be considered later on. To come up on 26.9.95 for filing affidavits. 8. The appellant challenged the above order in C.W.No.14201 of 1995 in the High Court of Punjab Haryana but it was dismissed on 22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the dispute referred to it for adjudication is an 'industrial dispute within the scope of Section 2(k) and also whether the employees are workmen within the meaning of Section 2(s). A request is made with that these questions may be determined as preliminary issues so that if the decision on these questions are in the affirmative, the Tribunal may proceed to deal with the real dispute on merits. 12. We, however, cannot shut our eyes to the appalling situation created by such preliminary issues which take long years to settle as the decision of the Tribunal on the preliminary issue is immediately challenged in one or the other forum including the High Court and proceedings in the reference are stayed which continue to lie dormant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Civil Courts . The Court observed that all issues whether preliminary or otherwise, should be decided together so astorule out the possibility of any litigation at the interlocutory staye. To the same effect is the decision in Workmen employed by Hindustan Lever Ltd. vs. Hindustan Lever Ltd. (1984) Labour Industrial Cases 1573 = 1985(1) SCR 641. 16. The facts in the instant case indicate that the appellant adopted the old tactics of raising a preliminary dispute so as to prolong the adjudication of industrial dispute on merits. It raised the question whether its activities constituted an 'Industry' within the meaning of the Industrial Disputes Act and succeeded in getting a preliminary issue framed on that question. The Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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