RAVI N TIKOO Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the legality and validity of an order of reference dated 16th May, 1996 made by the Government of N.C.T. of Delhi under Section 10(l)(c) of the Industrial Disputes Act, 1947 and the ex parte award dated 1st November, 2001 resulting from the adjudication thereupon by the Labour Court.

(2.) The petitioner before this court has stated that he ordinarily resides in London and had purchased a farm house in Mehrauli in the year 1992 for his sons' residence as well as for his family during visits to Delhi. In view of the red brick exterior of the property, he had given to this house the appellation Villa Rosa. The house was a residential property made and utilised for this purpose alone. From 14th September, 1994, for the purposes of normal domestic works, persons such as cook, cleaners, gardeners, watchmen/chowkidars etc. were appointed on a part time basis. The petitioner had engaged the services of Shri Bhaggu Lal (respondent no.5 herein) as a part-time ironing man/presswala for ironing/pressing of personal clothing and linen of family intermittently spread over a year from September, 1994. He was engaged at a monthly remuneration of Rs.1,600/- and his services were so utilised upto the 6th October, 1995. It is submitted that the services of the respondent no.5 were utlilised as normal domestic staff engaged for maintenance and running of the household. The services of the respondent was being utilised intermittently. No industrial activity or business establishment was in existence at this property let alone any establishment within the meaning of Section 2-j of the Industrial Disputes Act, 1947.

(3.) Asserting that on or about 30th December, 2003, a cryptic notice dated 10th December, 2003 was received at the farm house from the office of the Deputy Commissioner (South-West) issued by the Sub-Divisional Magistrate which was addressed to the Billa Roja and was returnable on 5th January, 2004. In this notice, demand for deposit of Rs.2,10,964/- as arrears of land revenue on account of wages Bhaggu Lal was made without giving any particulars of any case whatsoever. One Jagjit Singh Siddhu, a domestic employee of the petitioner made inquiries about the notice whereupon he received copy of the recovery certificate issued by the Deputy Labour Commissioner (respondent no.7 herein) in respect of some industrial adjudication. It was on inquiries from the officers of respondent nos. 1 to 4 that the petitioner learnt that an ex parte award dated 1st November, 2001 had been made by the Labour Court No. IV against the Management of Villa Rosa pursuant to an order of reference dated 16th May, 1996 made by the Secretary (Labour), Government of N.C.T. of Delhi (respondent no.3 herein).