1 wpl387.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 387 OF 2011 I.T.D.C. Ltd. & Ors. ....Petitioners. Vs. Umesh R. Erram & Ors. ....Respondents. Mr. Prakash Ramamurthy for the Petitioners. Mr. M.D. Nagle for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 25th MARCH, 2011 P.C.: The Petitioners have filed a common Writ Petition against the order dated 8th November, 2010, whereby the Application filed by the Applicants to substitute their names in place of complainant Union, has been allowed. 2 The Petitioners-original Respondents raised objection about the maintainability of the complaint as the Union was unrecognized, therefore, the Application so filed by the Applicants to continue with the proceedings. Even otherwise, the complaint was filed on their behalf by the Union. Therefore, I see there is no reason to interfere in the order so passed by permitting to substitute their names in place of the Union. Therefore, the order dated 8th November, 2010 is 2 wpl387.11.sxw ssm maintained with regard to Exhibit UA-1. 3 There is an order passed at Exhibit C-17, though objection was raised about the jurisdiction, the learned Member of the Industrial Court has not even considered the objection so raised. The issue of jurisdiction in any case, goes to the root of the matter as per para 3 of the Application, therefore, need to be considered as a preliminary issue. In view of this, the impugned order at Exhibit C-17 is quashed and set aside. The matter is remanded back. The Member, Industrial Court shall give hearing to both the parties again and pass appropriate reasoned order after considering and dealing with all aspects of jurisdiction, as well as, maintainability of the Application, within a reasonable time. Therefore, the impugned order dated 10th November, 2010 at Exhibit C-17, is quashed and set aside. The matter is remanded back accordingly. The parties are at liberty to lead evidence, if any. 4 The Petition is accordingly disposed of. No order as to costs. (ANOOP V. MOHTA, J.)