Dismissed
Municipal Corporation of Greater Mumbai v. Hemchandra Jagannath Parab
Bombay HCWP/2636/2010
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from the order text
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COURT OF JUDICATURE AT BOMBAY ORDINARY…
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WP2636-10
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2636 OF 2010
Municipal Corporation of Greater Mumbai .. Petitioner
Versus
Hemchandra Jagannath Parab .. Respondent
Ms.Priya Baliga a/w Ms.Kavita Anchan i/by M.V.Kini & Co for the petitioner. None for the respondent.
CORAM : S.C.DHARMADHIKARI, J.
P.C.:
. Heard Ms.Baliga appearing on behalf of the petitioner. The order under challenge decides a preliminary issue, namely, whether the respondent before the Industrial Court was an “Employee” within the meaning of section 3(13) of the Bombay Industrial Relations Act, 1946.
2 A preliminary objection was raised by the petitioner-employer and the Labour Court by the order dated 1st March 2005 held that the respondent was an employee.
WP2636-10 2
4 On perusal of the orders I am satisfied that they merely deal with the preliminary issue as to whether the respondent was an employee or not. The main proceedings are still pending. If the final order in these proceedings are adverse to the Corporation-petitioner before me, then, while impugning the same the petitioner can raise appropriate pleas including contending that the findings on the preliminary issue are erroneous and perverse. Keeping open all those pleas this petition is dismissed. No costs.
Municipal Corporation of Greater Mumbai
Hemchandra Jagannath Parab
S.C.Dharmadhikari
As recorded by the court registry
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