SAPNA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The Petitioner in the present petition has challenged the impugned order dated 10th June, 2019, passed by the Section Officer, Ministry of Labour, Government of India, by which it has been held that an industrial dispute of a contractual employee working with the Ministry of Labour is not covered under the Industrial Disputes Act, 1947 (hereinafter, "ID Act"), as the Ministry of Labour, executing a sovereign function for the Union of India is not an "industry" under the ID Act. The reference moved by the Petitioner, under Section 10 of the ID Act, has been rejected by the Respondent in the following terms:

(3.) The brief background of the petition is that she was working as a sweeper, peon etc., on daily wage basis, from 12th May 2007 up to August 2014, in the Ministry of Labour and Employment, Govt. of India, located at Shram Sakti Bhawan, Rafi Marg, Delhi. She claimed to be performing her duties continuously and was an unskilled labourer in the Group- D category. She claimed that her position was thereafter designated as MTS i.e. Multi-Tasking Staff, after implementation of the 6th Pay Commission, and was merged with the Group- C category. She claimed that the salary etc. were paid to her directly from the Social Security Division of the management.