RAJ KUMAR SHARMA Vs. P.O. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated January 16, 1999 passed by the Industrial Tribunal whereby the Industrial Tribunal has held that the Tribunal has no jurisdiction to deal with the reference as cause of action arose at Agra, and therefore, appropriate Government to make reference was the State of U.P.

(2.) Some of the brief facts are, the Industrial Dispute was referred by the erstwhile Delhi Administration vide order dated July 27, 1994, on the following terms:-

(3.) It was the case of the petitioner before the Industrial Tribunal that he was appointed as Boiler Attendant in Akbar Hotel vide letter dated January 5, 1980 and thereafter posted in Hotel Agra Ashok vide letter dated June 17, 1986 due to the closure of Akbar Hotel. He was charge-sheeted on September 6, 1990 on the ground of mis-conduct and pursuant to an inquiry, a penalty of stoppage of five increments with cumulative effect was imposed on him vide letter dated September 19, 1991. It was also his case that thereafter he had filed Memorandum of Appeal to the Appellate Authority on December 13, 1991. According to him, the Appellate Authority failed to reply to the appeal. He has further stated that a demand notice dated June 23, 1992 was also served on the Appellate Authority. During the pendency of the appeal, the respondent No. 2-management had failed to clear his medical bills.