V G JAGDISHAN Vs. INDOFOS INDUSTRIES LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) Feeling aggrieved and dissatisfied with impugned judgment and order dtd. 6/7/2015 passed by the High Court of Delhi at New Delhi in Letters Patent Appeal No. 412/2015, by which the High Court has dismissed the said appeal preferred by the appellant herein - workman and it is held that the Labour Court at Delhi would have no jurisdiction to try the case and that the Labour Court at Ghaziabad would have jurisdiction to try the complaint/case, the workman has preferred the present appeal.

(3.) The dispute in the present appeal is in a very narrow compass. The appellant herein - workman was working as a driver at Ghaziabad. He was employed at Ghaziabad and was also working at Ghaziabad. His services were terminated at Ghaziabad. Subsequent to his termination, the workman shifted to Delhi. He sent a demand notice challenging his termination to the head office at Delhi. Thereafter, he filed a claim before the Conciliation Officer at Delhi. Before the Labour Court, Delhi, the Management - respondent herein raised the objection about maintainability of proceedings at Delhi. It was also pointed out that the workman had already raised the same dispute before the Deputy Labour Commissioner, Ghaziabad. The Labour Commissioner, Delhi proceeded further with the complaint/conciliation proceedings. The dispute was referred to the Labour Court, Delhi. Before the Labour Court, respondent - management raised a preliminary objection that the Labour Court, Delhi had no territorial jurisdiction since the workman was appointed at Ghaziabad; he was working in the factory of management - respondent herein at Ghaziabad and his services were also retrenched at Ghaziabad. It was the case on behalf of the workman that as the demand notice was served at Head Office at Delhi, it can be said that the dispute has arisen giving rise to substantial cause of action at Delhi. Therefore, it was the case on behalf of the workman that the Labour Court at Delhi has territorial jurisdiction to try the case.