(1.) In this petition the petitioner has prayed for a Writ of Certiorari for quashing the reference dated 15.1.1987 made by the Delhi Administration and also the order passed by the Labour Court dated 22nd February 1989 asking the petitioner to lead evidence first. The learned counsel appearing for the petitioner has submitted that at this stage he is not pressing the first part of the prayer but is only asking for the second part of the prayer that is the quashing of the order dated 22nd February, 1989, reserving, however, his right to agitate with respect to the first part at an appropriate stage.
(2.) He pointed out the terms of reference of the industrial dispute in question which are as under:
(3.) After the dispute was referred, an application dated 22nd February, 1989 was moved by the petitioner for examining the workman first. In the said application, it was averred that it is the workman who has raised the dispute and it is he who as per the statement of claim is claiming that the termination of the service is illegal and unjustified and against the provisions of law. So, it is for him to prove the same in the first instance. This application was considered by the Labour Court on 22nd February, 1989 itself and was rejected on the ground that " the onus of all issues is on the Management therefore the management was rightly asked to open evidence."