1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1544 OF 2009. (Chief Executive Officer, Wardha District Coop. -: versus :- Sharad Ramchandra Watkar ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 12, 2010. Heard Shri Bhongade, learned counsel holding for Shri A.J. Salway, learned counsel for petitioner. Contention is, learned Member of Industrial Court erred in holding that the activities of petitioner Society constitute an 'Industry' as defined under Section 2[j] of the Industrial Court Act, and respondent was a workman as defined under Section 2[s] thereof. Learned counsel contends that, if this finding is reversed ULPA Complaint filed by the respondent becomes infructuous. He further during arguments fairly informs the Court that, during the pendency of these proceedings, the ULPA Complaint has been decided on merits and the same is allowed. He informs that 2 petitioner is challenging that order in revision before the Industrial Court. It is apparent that adjudication on preliminary issue could not have been interfered and assailed in Revision. The judgment of Hon'ble Apex Court reported at AIR 1984 SC 153 (D.P. Maheshwari vrs. Delhi Administration and others), clearly concludes the controversy in this respect. However, in the present matter as ULPA Complaint itself is finally allowed in the meanwhile, it will be in the interest of justice to permit the petitioners to challenge the adverse orders of Industrial Court dated 10.12.2007 in Revision ULP No.161/2007, after the petitioners' revision against the final adjudication by the Labour Court is decided by the Industrial Court. With that liberty to petitioners, present Writ Petition is disposed of. However, in the facts and circumstances of the case, there shall be no order as to costs. JUDGE Rgd.