Present order is passed in view of the consensus arrived at between the petitioner - Institute and the respondent - Professor. Therefore, reasons for present order are not recorded in view of the joint request made by learned counsel for the contesting parties. 2. At the outset, it is clarified that in view of the agreement between the parties, the interim order passed by this Court vide order dated 22.4.2011 shall continue to operate and enure until the issue is decided by the tribunal.
3. In present proceedings, issue about tribunal's jurisdiction to entertain the application against present petitioner - Institute has arisen.
3.1 The case of the petitioner - Institute is that the learned tribunal does not have jurisdiction to decide the application preferred by present respondent - workman since the Institute is not an affiliated college to any of the universities mentioned in the list of affiliated colleges.
3.2 It is a common ground between the petitioner and the respondents that the issue has not been addressed by the tribunal while passing the impugned order in present petition.
4. In this background, learned counsel for the petitioner and respondents have jointly submitted and requested that the matter may be remitted to the tribunal for deciding the aforesaid issue as a preliminary issue.
4.1 It is required to be clarified that the tribunal, in pursuance of the present order, will decide the said issue as preliminary issue and at this stage, only the said issue will be decided.
4.2 After the issue about jurisdiction is decided, as per the request of the contesting parties, it would be open to the parties to take appropriate course of action, as may be necessary and as may be advised, depending on the decision of the learned tribunal.
4.3 In view of the consensus arrived at between the parties, the matter is remitted to the learned tribunal with direction to decide the issue, as aforesaid, within period of 3 months.
4.4 Until the issue is decided and 2 weeks thereafter, the order passed by this Court dated 22.4.2011 shall continue to operate.
With the aforesaid direction, writ petition and Civil Application both stand disposed of. Rule is made absolute in above terms in the writ petition.
(K.M.Thaker, J.) kdc