MANVIR SINGH Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) Vide the present petition, the petitioner has assailed the impugned order dated 15.04.2014 passed by the Industrial Tribunal in application bearing No.14/13 in I.D. No. 116/2002. Also seeks directions to set aside the award dated 10.11.2004 passed by the Industrial Tribunal in I.D. No. 116/2002, whereby the learned Industrial Tribunal answered the reference in negative.

(2.) Case of the petitioner is that the petitioner/workman was stopped from entering the premises of respondent establishment with effect from 02.04.1995. Thereafter, a meeting was held on 14.09.2001 in the Union Office and it was unanimously resolved in the said meeting that an industrial dispute will be raised before the Assistant Labour Commissioner, NCT of Delhi, in respect of reinstatement and regularization of the petitioner. Accordingly, the Statement of Claim was filed by the Union on behalf of the petitioner. The terms of reference were as under:-

(3.) The Management contested the claim of the workman and in the written statement, the respondent took the preliminary objection that workman did neither serve a notice prior to instituting the claim as per the provisions of the NDMC Act, nor serve a demand notice on the Management.