IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No. 1130 of 2008 1. The Akola Janata Commercial Coop.Bank Ltd. & ors. ..Petitioners vs. Ruolph Sequira ..Respondent Mr.C.P.Naidu with Mr.S.D.Kulkarni i/b Mr.C.R.Naik and Co. for petitioners. Mr.Jaiprakaswh Sawant for respondent. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 5th May, 2008 5th May, 2008 5th May, 2008 P.C. P.C. P.C. 1. After this matter was argued for some time both sides are agreed that in complaint (ULP) No.387 of 2006 which pending, the Court below shall decide the issue as to whether the respondent/original complainant is employee or not within the meaning of sec.3(13) of the Bombay Industrial Relations Act, 1946 as adopted by Maharashtra Recognition of Trade Unions and Unfair Labour Practice Act, 1971 so also whether the enquiry conducted against the said complainant was fair, just and proper and findings therein are perverse or not as preliminary issues and render findings thereon after permitting both sides to lead evidence and produce such material as is permissible in law. The learned Judge to hear the oral arguments on thes eissues after the evidence, if any, is concluded. The orders under challenged are modified to the above extent by consent and all contentions on merits so also preliminary issues are expressly kept open. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)