SUDHIR POWER LIMITED Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner-company has filed the present petition for quashing the order passed by the Industrial Tribunal-cum-Labour Court Srinagar-Jammu(for short the Tribunal) dtd. 23/10/2020 by virtue of which the prayer of the petitioner for treating the issues 4 and 5 as preliminary issues in accordance with Order XIV Rule 2 of the Code of Civil Procedure (CPC), has been rejected.

(2.) It is stated that the respondent Nos. 5 to 10 questioned the order of termination of their services, which stood issued on the basis of enquiry conducted for their various acts of severe misconduct including that of assaulting Manager (HR) as well as in the face of the FIR registered against the respondents 5 to 10. The petitioner filed the response to the application of the respondents 5 to 10. During the course of the proceedings, the learned Tribunal framed three issues vide order dtd. 15/10/2019 and the same are reproduced as under:

(3.) Thereafter, on the motion of the petitioner, additional issues were framed by the learned Tribunal, which read as under: