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Judgment
K. Govindarajan, J.—The petitioner challenges the order of the Labour Court, dated November 13, 2003 (sic), in which the Labour Court
has decided the preliminary issue regarding the sustainability of the enquiry held by the management. A Division Bench of this Court in the decision
reported in N. Gurumurthy v. Second Additional Labour Court 1995 (1) L.L.N. 1022, has held that the finding recorded by the Labour Court in
the preliminary issue as to whether the domestic enquiry has been fair or proper or the Labour Court has jurisdiction to entertain the dispute or
whether the person claiming the status as a workman is a workman or not, should not be interfered unless such findings are recorded without
notice to any one of the parties or recorded without any reason, as it is open to workman or management to question the same after the final award
is passed.
In view of the above judgment, petitioner cannot sustain the writ petition. Hence, the writ petition is dismissed. No costs. Consequently
connected W.P.M.P. is closed.