- (1.) These two writ petitions were heard together and are being disposed of by a common judgment as jointly agreed by the learned Counsel for the parties. It was stated at the bar that identical questions of facts and law are involved in these petitions.
(2.) The petitioner, a public limited company is engaged in manufacturing and sale of cane sugar through one of its vacuum pan sugar factories at village Bundaki in district Bijnor. The respondent No. 2 was engaged as temporary clerk in Writ Petition No. 10682 of 2010 and as weighing clerk in another one. After holding departmental inquiry against each of them, their services were terminated. These workmen raised industrial disputes which have been referred for adjudication before the Labour Court, Rampur being Adjudication Case Nos. 12 of 2005, 15 of 2005 and 16 of 2005 against Lotan Singh, respondent No. 2 in the Writ Petition No. 10682 of 2010 and Gyan Prakash and Arun Kumar, the respondent Nos. 2 and 3 in the connected writ petition. All these adjudication cases are pending adjudication. An application giving rise to the present writ petition was filed by the petitioner for framing of the following two issues as preliminary issues: 1. Whether domestic inquiry conducted against the workman is not valid and if so its effect? and 2. Whether the employer has lost confidence in the workman? and if so its effect.
(3.) The said applications having been dismissed by the common impugned order dated 18th of December, 2009 these petitions have been preferred.;