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Judgment
Hon''ble Miss Justice Rekha Sharma
It is not disputed by the counsels for the parties that the learned Additional District Judge in the impugned award dated July 19, 2008 has not adverted to the issues which were framed on March 17, 2007 but has referred to some other issues. The issues framed on March 17, 2007 were as under :- "(i) Whether the workman left the job after taking full and final settlement?
(ii) Whether the workman is entitled to reinstatement with consequential benefits including continuity of service and full back wages?"
The issues which have been re-produced in the impugned award run as under :-
"(i) Whether there is relationship of employee and employer between the parties?
(ii) Whether the Workman is entitled to reinstatement with consequential benefits.
(iii) Relief."
It is apparent from what has been noticed above that the trial Court has not dealt with the issues as were framed on March 17, 2007, but has referred to some other issues which did not arise from the pleadings of the parties.
In view of the above, both counsels agree that the matter be remanded back to the Labour Court for re-trial on the issues as framed on March 17, 2007. Both parties shall appear through counsels before the trial Court.
It is submitted by learned counsel for the Management that the workman has settled the dispute with the Management. This fact is disputed by counsel for the petitioner. The trial Court shall go into this aspect of the matter as well.
The partiers are directed to appear before the trial Court in person or through counsels on December 6, 2010. They shall be at liberty to lead fresh evidence in addition to the evidence already on the record. With this direction, the writ petition is disposed of.