Short Note : 1. The Industrial Tribunal instead of deciding first the preliminary objection passed an award on August 19, 1976. The petitioner had challenged the award as the petitioner had no opportunity for refuting the respondents case on merits. Held: This Court has perused minutes of the proceedings before the Industrial Tribunal and is of the opinion that the order of the Tribunal deserves to be set aside It would appear from the proceedings that the case was posted for hearing on the preliminary issue on July 30, 1976. On that day, after evidence was led on the preliminary issue, the case was adjourned for orders on such preliminary issue. It was open for the Tribunal to have asked the petitioner to submit its rejoinder on merits before entertaining the preliminary issue. But having posted the case for hearing of the preliminary objection, the Tribunal ought to have given a decision on such preliminary objection raised by the petitioner. At this stage no award could be passed as the petitioner had not been asked to submit its reply nor the petitioner given any opportunity of meeting the allegations of the respondent Rolstan John. Case remanded. Petition allowed.