(1.) These writ petitions arise from an order dated 29th January 2003, passed by the learned Industrial Tribunal-II, Karkardooma Courts, Delhi (hereinafter referred to as the "learned Tribunal"), in an application filed by the Delhi Transport Corporation (DTC), under Section 33(2)(b) of the Industrial Disputes Act, 1947 for approval of its action to remove the workman- Aas Mohammad from service. The impugned order rejects the said application, filed by the DTC.
(2.) The DTC, in WP(C) 498/2004, challenges the impugned order, and prays for quashing the same and issuance of a fresh order. Per contra, the workman, Aas Mohammad, in WP(C) 6244/2003, prays for implementation of the said order, and his consequent reinstatement in service.
(3.) Consequent on filing of the above application by the DTC, the learned Tribunal framed a preliminary issue, on the basis of the pleadings of the parties, reading thus: