(1.) By way of these petitions under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the orders dated 27.05.2014, wherein the learned Presiding Officer, Central Government Industrial Tribunal cum Labour Court No.II, Karkardooma Courts, Delhi (hereinafter referred to as the "Tribunal") in I.D. No. 94/2012, rejected the application of management for framing additional issues.
(2.) Since all these petitions involve an identical question of law therefore all of them are being disposed of by this common judgment. In order to have a better understanding of facts of the case, it would be appropriate to refer to facts of one of these cases. Therefore, the facts are being extracted from W.P.(C) No.4688/2014. The facts of the case as borne out from the petition are that the respondent was engaged initially for a period of two months with the petitioner establishment. The management started running into losses. Despite this the workers union went on a strike for their several illegal demands due to which the petitioner-management imposed a lock out in the said mill on 03.09.1991. The same was lifted vide an agreement dated 24.02.1992 between the workers union and the petitioner-management. As per the said settlement, it was agreed that list of workers would be maintained and if the production activities start in the mill, the management would engage workers from the said list of workers. However, the production activities never started and, therefore, the respondent was never engaged in the mill after 03.01.1991.
(3.) In accordance with the law and as per the agreement dated 24.02.1992 the management laid off those workers who were in the employment of the mill on 25.02.1992 on certain terms and conditions. Thereafter, the workers" union raised an industrial dispute against the aforementioned layoff and the same culminated into an award dated 29.04.2006 passed by learned Industrial Tribunal, Meerut holding that the workers were not entitled to any relief. The respondent also raised an industrial dispute against his termination w.e.f. 03.01.1991 which was referred for adjudication to the Labour Court, Uttar Pradesh, Saharanpur being Adjudication Case No. 133/00. The learned Labour Court vide its award dated 30.04.2011 held that the workman was not entitled to any relief as his alleged termination of services w.e.f. 03.01.1991 was justified and legal.