1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4266 of 2007. [Mohan Prabhakar Chauhan & others] Vs. [The State of Mah. & others] ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S. K. Tambde, Advocate for the petitioners. Mrs. T. D. Khade AGP for 1 to 3. Coram: A. H. JOSHI, J. Dated: 14th January 2008. 1. The petitioners are aggrieved by the Order passed by the Member, Industrial Court, Nagpur, holding that the subject matter is outside the scope of jurisdiction of Industrial Court, and directing the petitioner to take recourse to the remedy available in law and vacating the interim orders. 2. Heard Learned Advocate Mr. S. K. Tambde for the petitioner and Learned AGP Mrs. TD Khade. 3. The complainant's grievance is that the objection as to the 2 maintainability of complaint was raised without any foundation in the Written Statement. 4. In order to test the submission, this Court has perused the pleadings. It is found that the complaint does not contain an averment that by virtue of nature of work undertaken by the petitioner, he is a workman , and also that the respondent is an Industry. This absence of pleadings has to be viewed in the light of admitted position that the respondent runs a Vocational Training Institute, and the petitioners are the Instructors. The absence of averment that the activity as an industry speaks in volume. On the face of the tenor of the pleading, which is noted above, the Court had hardly any option than to accept the objection. The impugned order, therefore, is well founded, and does not suffer from any error of law 3 or fact. 5. The reliance placed by the Learned Advocate for the petitioner on two reported judgments namely :- (1) AIR 1984 Supreme Court 153, D. P. Maheshwari V. Delhi Admn and others. (2) 2000 I CLR 818, Rajiv Bhalchandra Gundewar Vs. Crompton Greaves Ltd. is wholly misplaced in the fact situation. 6. The petition has no merit. It is dismissed. JUDGE Sbm