Learned advocate Mr.D.S.Vasavada seeks permission to amend the cause-title properly. For the purpose, proposed amendment is granted. Cause-title be amended accordingly.
2. Heard learned advocate Mr.D.S.Vasavada on merits. Since the Industrial Tribunal has rejected the reference mainly on the ground that petitioner is not a workman and, thereby, the Industrial Tribunal does not have jurisdiction to decide such issue. It is submitted by Mr.Vasavada that in view of such decision in the impugned judgment, the Industrial Tribunal should not have entered into the merits of the dispute and to record its opinion and then to reject the reference on the ground of jurisdiction, further submitting that the same would hamper the right of the petitioner in any appropriate proceedings before appropriate and competent authority and/or Forum.
3. In view of such fact, it would be appropriate to dispose of this petition, making it clear that as and when the petitioner agitates her grievance before any competent authority or Forum, such authority or Page 1 of 2 C/SCA/6821/2015 ORDER Forum shall decide such grievance purely in accordance with law and without being influenced by the discussion and observation in the impugned judgment so far as merits of the question under consideration is involved. Thereby, the dismissal of the reference is confirmed only on the technical ground of jurisdiction.
(S.G.SHAH, J.) binoy Page 2 of 2