MANAGEMENT OF KERALA HOUSE Vs. SANJAY KUMAR

JUDGEMENT

(1.) The respondents who are two in number were appointed by the appellant i.e. Kerala House having its establishment at 3, Janter Manter Road, New Delhi. After they had put in 9 & 8 years of service, as Peon and Safaiwala, respectively their services were terminated in the year 2002. Particulars of their services are stated in brief are as under:- <FRM>JUDGEMENT_933_ILRDLH22_2012_1.html</FRM>

(2.) Before the labour Court, the appellant took preliminary objection that it was not an "industry" within the meaning of the Section 2 (j) of the Industrial Disputes Act. Thus, following two issues were framed on the basis of the pleadings:-

(3.) The appellant challenged the Award by filing the writ petition in which notice was issued to the respondents. The respondent workmen filed application under Section 17B of the ID Act. In this application, orders dated 26.2.2009 were passed directing the appellant to deposit the amount in the Court. After that order was passed, the workmen moved the application for release of the amount. This application was opposed by the appellant on the ground that award passed by the Industrial Tribunal is a nullity inasmuch as the provision of Industrial Disputes Act were not applicable in view of the provision of Kerala Public Service (Management) Act, 1983. The learned Single Judge has repelled the objections observing that this is an issue which has to be decided in the writ petition and the payment under Section 17B of the Act cannot be stopped on this ground. Thus, direction is issued that the amount deposited be released to the workmen. Challenging this order, appeal is preferred i.e.