RAM SHIROMAN MISHRA Vs. VISHWANATH PANDEY

JUDGEMENT

(1.) Delay condoned.

(2.) The petitioner has challenged order dated 27/4/2007 passed by the Delhi High Court in Writ Petition (Civil) No.3042 of 2007. The case of the petitioner, in short, is that the respondent has taken advantage of the kindness shown by him by allowing him to stay in his house free of cost from 1988 to 1991. According to the petitioner, when he requested the respondent to vacate his house and, in fact got his house vacated, the respondent was annoyed. He, therefore, raised a dispute to the Union falsely alleging that he was working with Messrs Ram Saroman Mishra Jali Factory of the petitioner as a machine-man since 1986 and his last drawn wages were Rs.1,100/- per month. He further alleged that his services were terminated illegally in violation of Section 25F of the Industrial Disputes Act (for short, the ID Act ) on 31/12/1991 and his wages for the months of 1/10/1991 to 31/12/1991 were also not paid. He claimed that he was unemployed since the date of his termination and he is entitled to full back wages and continuity in service. According to the petitioner he does not own any jali factory as alleged and therefore there is no question of employing the petitioner as a machine-man.

(3.) The Secretary (Labour), Delhi Administration, Delhi, referred the said dispute to the Labour Court, Tis Hazari, Delhi. The terms of reference were as under :