WP2636-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2636 OF 2010 Municipal Corporation of Greater Mumbai .. Petitioner Versus Hemchandra Jagannath Parab .. Respondent Ms.Priya Baliga a/w Ms.Kavita Anchan i/by M.V.Kini & Co for the petitioner. None for the respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 12th January 2011. P.C.: . Heard Ms.Baliga appearing on behalf of the petitioner. The order under challenge decides a preliminary issue, namely, whether the respondent before the Industrial Court was an “Employee” within the meaning of section 3(13) of the Bombay Industrial Relations Act, 1946. 2 A preliminary objection was raised by the petitioner-employer and the Labour Court by the order dated 1st March 2005 held that the respondent was an employee. WP2636-10 2 3 Aggrieved by that order the matter was carried in appeal to the Industrial Court and Industrial Court in Appeal (IC) No.48 of 2007 has upheld the finding on the preliminary issue. That is how the petitioner-employer is before this Court in the writ jurisdiction. 4 On perusal of the orders I am satisfied that they merely deal with the preliminary issue as to whether the respondent was an employee or not. The main proceedings are still pending. If the final order in these proceedings are adverse to the Corporation-petitioner before me, then, while impugning the same the petitioner can raise appropriate pleas including contending that the findings on the preliminary issue are erroneous and perverse. Keeping open all those pleas this petition is dismissed. No costs. (S.C.DHARMADHIKARI, J)