-1- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 2793/2008. ( Maharashtra Electrosmelt Kamgar .vrs. Maharashtra Electrosmelt Mazdoor ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : OCTOBER 13, 2008. The petitioner – Union has questioned the order dated 13.06.2008 passed by the Registrar under Bombay Industrial Relation Act, 1946 observing that preliminary objection raised by the petitioner to the maintainability of the proceedings at the instance of the present respondent – Union through its General Secretary shall be looked into, while considering the controversy on merits. Advocate Shri Pillai, argues that this is nothing but rejection of preliminary objection and he states that person who has moved the proceeding as General Secretary of the respondent – Union is not its General Secretary. He points out that the proceedings are for cancellation of recognition of the present petitioner under Section 15 read with Sections 23 and 24 of the Bombay -2- Industrial Relations Act. According to him considering the seriousness of the prayers made, before embarking upon an enquiry on the merits of the controversy, the objection to the status or locus of the said General Secretary ought to have been decided. Advocate Shri Thakur, for respondent Union on the other hand contends that the order passed is within the forecorners of law. There is no jurisdictional error or perversity. I find that the application needs to be decided expeditiously and therefore, the Authority in his discretion has postponed the consideration of that issue along with the consideration of other issues on merits. It is obvious that if the proceedings are not moved competently or by authorised person, the Competent Authority shall take appropriate cognizance thereof. I therefore, do not find any prejudice caused to the present petitioner at this stage. No case is made out warranting interference in Writ jurisdiction. Writ Petition is dismissed. No cost. JUDGE Rgd.