KRISHNA GEARS PVT LTD Vs. GULAB SINGH

JUDGEMENT

(1.) This writ petition seeks quashing of the recovery notice dated 7th June, 2004 issued by the respondent No.10 District Tehsildar, Ghaziabad purportedly in enforcement of the award dated 29th September, 2004 of the Labour Court-II, Delhi. It is the case of the petitioner M/s Krishna Gears Pvt. Ltd. that though the disputes had been raised by the respondents No.1 to 9 workmen qua the management of the petitioner, M/s Krishna Engineering Works and M/s Krishna Sales Pvt. Ltd. and reference to the following effect was made - "Whether the services of Shri Gulab Singh, Jagjit Singh, B.N. Murthy, Kabutar, Mali Ram, Rajinder Prasad, Parkash Chand, Hari Kumar, Ram Murat, Jangli Ram, Ram Kishan, Satya Narain, Phagu, Harmesh Singh, Mohan Prasad, Sunil Kumar Ramjas, Rajinder Singh, Raj Kumar, Vijay Kumar, Rajinder Singh, Suri, Chandershekhar Singh and Tirath Singh have been terminated illegally and/or unjustifiably by the Management, and if so, to what relief are they entitled and what directions are necessary in this respect?" but the award is against M/s Krishna Engineering Works and M/s Krishna Sales Pvt. Ltd. only and not against the petitioner and is being wrongly enforced against it.

(2.) A perusal of the award discloses that it was the claim of the respondents workmen before the Labour Court that the management of M/s Krishna Engineering Works, M/s Krishna Sales Pvt. Ltd. and the petitioner are interconnected with each other with all three operating from the same premises and that the workmen had been working with these managements for several years at different posts and their services were transferable from one management to another. However the Labour Court found that out of 23 workmen on whose behalf claims were filed only nine had filed their affidavits in support of the averments and that the claims of the other workmen remained unsupported. The Labour Court found the workmen whose claims had been substantiated, to be employed with M/s Krishna Engineering Works and M/s Krishna Sales Pvt. Ltd. and against whom award of compensation in lieu of reinstatement and back wages was made. However so far as the petitioner M/s Krishna Gears Pvt. Ltd. is concerned, the award finds that none of its workmen had led any evidence and as such no award against the petitioner was made. There is award of compensation of Rs.30,000/- for each of the respondent workmen, who have been found to be employees of M/s Krishna Engineering Works and M/s Krishna Sales Pvt. Ltd. only. None of the respondent workmen have been found to be employees of petitioner.

(3.) This Court vide order dated 6th September, 2004 while issuing notice of the petition stayed operation of the award aforesaid only in so far as the petitioner was concerned. The said order continues to remain in force.