On Framing Preliminary Issues in Industrial Adjudication : if a Sine Qua Non or Require State Burial?
By
M. M. Ahuja
The purpose of this write up is to discuss the growing trend in industrial adjudication of not framing preliminary issues and to take, up all the issues framed together in one go.
OrderXlV, Rule 1(3) of the Civil Procedure Code provides "Each material proposition affirmed by one party and denied by the other shall form the subject matter of a distinct issue.
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It is the incumbent duty of the Court to ascertain what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.
In the case J. K. Iron & Steel Co. v. The Iron & Steel Mazdoor Union, AIR 1956 SC 231, the Apex Court has inter alia held that the only point of requiring proceedings and issues is to ascertain the real dipute between the parties, to narrow the area of conflict and to see just where the two sides differ, so that no party at the ....