Proceddings before two forum
Rama mohan Acharya
(Querist) 25 September 2013
This query is : Resolved
Here is the case : During continuation of adjudication proceeding before the State Indusrtial Tribunal, few workmen filed an application for withdraw their claim. Accordingly the Tribunal allowed the application. Subsequently some persons had filed separate claims before the CGIT as the appropriate Govt is the Central Govt. It is seen that some of the claimant's name has not been withdrew from the State Tribunal. management filed preliminary objection stating that dispute cannot be raised before two forum on the same cause simultaneously. the CGIT instead of deciding the preliminary objections, directed the Management to file counter on merit of the case.
Is it legally correct? What further stand can be taken by the Management to get the preliminary objections decided before the case is heard on merit? What is the Legal Provision? Any supporting Citation please.
Raj Kumar Makkad
(Expert) 25 September 2013
There are various judgments which clearly held that the preliminary objection qua maintainability is to be decided by legal authority first so the order directing the management to first file the counter reply is illegal which should be got challenged before upper court.
Rama mohan Acharya
(Querist) 25 September 2013
Thank u sir
Can u help me by providing some citation. It will be great help .
V R SHROFF
(Expert) 25 September 2013
Can u help me by providing some citation. It will be great help"
That part we expect self help
Rajendra K Goyal
(Expert) 25 September 2013
Citation not provided. search google.
R.K Nanda
(Expert) 25 September 2013
SEARCH INDIANKANOON.COM
Raj Kumar Makkad
(Expert) 27 September 2013
Most welcome for your appreciation but really we don't provide citations here.
