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Judgment
Paramjeet Singh, J.—The instant revision petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 26.4.2013 (Annexure P-6) passed by the Presiding Officer, Industrial Tribunal, Patiala, and for directing the Tribunal to decide the issue of jurisdiction at the first instance. Heard.
Learned counsel for the petitioner vehemently contended that Industrial Tribunal-cum-Labour Court had earlier framed issue of jurisdiction as a preliminary issue. Thereafter the evidence was led by the workman and no evidence has been led by the petitioner herein.
Learned Tribunal, after considering the evidence led by the workman, had come to the conclusion that positive evidence is to be led whether applicant/workman was performing the duties of procuring business, organizing and developing the business within the area allotted to him or he was performing the duties of skilled worker or managerial work, is a point to be decided on merits when the evidence is led by both the parties. It has been further mentioned in the order that application for deciding the issue of jurisdiction at first instance has been filed by the management when the last opportunity was granted to lead the evidence. Therefore, the issue of jurisdiction was kept open to be determined while deciding the case on merits.
It is settled principle of law that issue of jurisdiction is always based on the fact and law and not solely a legal issue.
I do not find any illegality or perversity in the impugned order. Dismissed.