DHARAMBIR SINGH Vs. HINDUSTAN UNILEVER LTD. AND ORS.

JUDGEMENT

(1.) DHARAMBIR Singh while working as Fitter, Grade II with respondent No. 2 management was transferred to Faridabad on October 17, 2002 due to exigencies of work and requirements of employees at Faridabad. Though Dharambir joined Faridabad Unit however he challenged the transfer before this Court by way of writ petition being WP(C) No. 6771/2002 which was ultimately dismissed and the appeal against the same being LPA No. 86/2005 was also dismissed vide order dated January 28, 2005. While working at Faridabad Unit, the work at Faridabad Unit ceased to exist and the Unit remained without production which was finally closed down on December 19, 2003. Hence Dharambir was removed from service vide letter dated December 19, 2003. Dharambir filed an application in WP(C) No. 6771/2002 which was pending at that time on which initially a stay was granted however finally vide order dated November 24, 2004 the same was dismissed.

(2.) ON a dispute being raised, an award dated September 05, 2008 was passed by the learned Labour Court in ID No. 226/06 -05 directing reinstatement with consequential benefits and continuity of service with 40% back wages. The award was challenged by the management before this Court by way of writ petition being WP(C) No. 7050/2008 which was allowed by the impugned judgment dated July 14, 2009 primarily on the ground that the Labour Court at Delhi had no territorial jurisdiction to pass the award as the workman at the time of his termination was posted at Faridabad. The issue of jurisdiction was also raised before the learned Labour Court however the learned Labour Court referring to the appointment letter which was issued from Head Office at Delhi came to the conclusion that the Government of NCT of Delhi had jurisdiction to make a reference and it had jurisdiction to entertain the reference.

(3.) LEARNED counsel for Dharambir referring to the decisions reported as : AIR 1962 SC 409 Indian Cable Co. Ltd. v. Its Workmen, : AIR 1984 SC 286 Jai Bhagwan v. Management of Ambala Central Co -operation Bank Ltd., : 2007 (5) SCC 591Bikash Bhushan Ghosh & Ors. v. Novartis India Ltd. & Anr., : 1983 (4) SCC 156 Sadhu Ram v. DTC, : 2005 (10) SCC 675 M.P. State Textile Corporation Ltd. v. Mahendra & Ors. and : AIR 1986 Gujarat 209 (FB) S.L. Mohammedbhikhan v. Manager Chanderbhanu Cinema contends that the Labour Court at Delhi had jurisdiction to entertain the reference validly made by Govt. of NCT of Delhi and hence the impugned judgment be set aside.