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2018 Supreme(P&H) 4124

B.S.WALIA
Tota Ram – Appellant
Versus
XPRO India Limited – Respondent


Advocates Appeared:
Diwan S Adlakha, Adv.

JUDGMENT

B.S. Walia, J. - Revision petition has been filed under Article 227 of the Constitution of India praying for setting aside order dated 01.06.2018 (Annexure P-7) passed by the learned Labour Court-II, Faridabad allowing the application filed by the respondent/defendant for framing of additional issues.

2. On the basis of pleadings of the parties, the learned Labour Court-II, Faridabad framed the following issues vide order dated 16.10.2017 (Annexure P-4) and fixed the case for evidence of the plaintiff for 06.12.2017.

    "1. Whether the termination of the services of workman Sh. Tota Ram is illegal, if so, to what relief he is entitled? OPW.

      2. Whether the present claim statement is not maintainable, as alleged? OPM.

        3. Relief."

          Thereafter, the petitioner got examined himself as WW1 on 06.12.2017. The respondent-Employer/Management got deferred the petitioners cross-examination for 01.02.2018. After cross-examining the petitioner, the respondent-Employer/Management moved an application on 19.03.2018 for framing of two additional issues by stating in para No. 4 of the application that it had filed the written statement on 04.09.2017 taking up the plea in para No.1 of the prelimi

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