WP/643/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.643 OF 2011 Shri Siddheshwar Cancer Hospital & Research Centre, Solapur ... Petitioner V/s. Santosh Ganghadhar Sakhare ... Respondent Ms. Geeta Mulekar for the Petitioner. None for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATE : 8 TH FEBRUARY, 2011. P.C. : 1. This Writ Petition has been preferred against the order dated 22nd June, 2006 passed by the Labour Court, Solapur in Complaint (ULP) No.34 of 2005, which has been confirmed by the Industrial Court, Solapur by its order dated 1st December, 2010 passed in Revision (ULP) No.109 of 2006 in respect of the preliminary issue raised by the petitioner. 2. Both the Courts below have held that the respondent is an employee within the meaning of Section 3(5) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 as he is a workman under Section 2(s) of the Industrial Disputes Act, 1947. 3. Without going into the merits of the case, in my opinion, this issue can be challenged by the petitioner in case the Complaint (ULP) No.34 of 2005 is decided against it rather than on a piecemeal basis. 4. The Writ Petition is rejected.