A.K.Yog, J. - (1.) By means of present petition under Article 226, Constitution of India, order dated 26th September, 1979, passed by Labour Court U, P. Agra in Adjudication Case No. 57 of 1978, has been challenged on the ground, inter alia amongst others, that the Labour Court has committed error apparent on the face of record in recording its finding on Issue No. 1 which reads ; Whether the present dispute is not an Industrial Dispute?
(2.) The Labour Court held that Union had failed to prove that the workmen of the firm where its members or that meeting was held, as asserted on behalf of the workmen, on 22nd March. 1975 to espouse the cause of the workman called Ishaq, Labour Court did not go into the merits of the case and decided the matter on the basis of its finding on legal issue contained In Issue No. 1 namely, there was no 'Industrial Dispute', in the eyes of law which could be referred by the State Government to Labour Court.
(3.) Since the impugned order of Labour Court is based on preliminary Issue, hearing of the petition is confined to the said Issue only.;