TOTA RAM Vs. XPRO INDIA LIMITED

JUDGEMENT

(1.) 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.

(3.) Reply was filed to the application by the petitioner on 16.04.2018 taking up the stand that the application had been filed by the respondent-Employer/Management just to delay the proceedings and the application was not maintainable especially when the evidence of the workman had already been recorded. In reply to the contents of Para No.4 of the application, the petitioner specifically stated that in Para No.1 of the preliminary objection of the written statement, the respondentEmployer/Management had taken an objection that the claim application under Section 2A (ii) of the Act was not maintainable in the eyes of law and in respect thereto, the Labour Court had already framed issue No.2 as to "whether the present claim statement is not maintainable as alleged?". The petitioner also took up the plea that the respondent-Employer/Management nowhere pleaded in the written statement that the Factory had been closed.