AMERICAN INSTITUTE OF INDIAN STUDIES Vs. RAJESH KAUSHIK

JUDGEMENT

(1.) THIS application has been filed by the respondent under Section 17B of the Industrial Disputes Act, 1947 asserting that the petitioner has challenged an industrial award dated 18.02.2006 passed in favour of the respondent whereby the relief of reinstatement into service with continuity and 50% back wages was granted to the workman. It is contended that the workman is not employed in any establishment after the illegal termination of his services and due to his unemployment it is difficult for him to support his family. The last drawn salary of the petitioner was Rs. 5500/ - per month.

(2.) THIS application has been opposed by the petitioner. It is submitted by the petitioner that the applicant is working under one of the subcontractors namely Shri Manoj Bharadwaj of the Company M/s A to Z. The said Shri Manoj Bharadwaj to whom work has been outsourced by M/s A to Z Company is entrusted with the work of cleaning and maintenance of various Metro Railway Stations, one of which Metro Station is at Najafgarh. It is submitted by the petitioner that the applicant is incharge of the maintenance and cleaning of Najafgarh Metro Station and is working with Shri Manoj Bharadwaj who also happens to be a close relative of the applicant. It is admitted fact by the petitioner that the monthly emoluments of the applicant were Rs. 5500/ - per month.

(3.) IT appears from the record that the petitioner has not placed any documentary evidence in order to support his contention raised during the course of arguments. Learned Counsel for the petitioner also argued that the labour court did not have the requisite territorial jurisdiction to entertain the said industrial dispute. Learned Counsel for the petitioner submitted that he has already filed an application under Order 6 Rule 17 CPC for amendment of the writ petition.