SHAILENDER KUMAR Vs. THE SECRETARY (LABOUR) AND ORS.

JUDGEMENT

(1.) In the present writ petition, the petitioner-workman has challenged the award dated 06.03.2014 passed by the Labour Court in LIR No.208/2013 wherein the reference as to whether the services of Sh.Shailender Kumar, S/o late Sh.Jogi Pandit have been terminated illegally and/or unjustifiably by the management and if so, to what relief is he entitled, has been answered against the petitionerworkman by holding that the Courts in Delhi have no jurisdiction to entertain the disputes between the parties as the last situs of work of petitioner-workman was at the Gautam Budh Nagar, Noida, Uttar Pradesh.

(2.) Briefly stated, the factual matrix of the case is that the petitioner-workman filed a claim against the management after reference of the industrial dispute by Secretary (Labour), Government of NCT of Delhi on 03.03.2009 to the Labour Court alleging inter alia that he was appointed by M/s Khanna Engineering Corporation on 20.07.2000 as a Latheman and he was made to work at B-68/3, Wazirpur Industrial Area in May, 2000. The management closed its factory at the said address and started a new firm by the name of M/s Ashoka Gears and shifted at Sector 73-D, 208, near Dainik Jagran Printing Press, Noida District Gautam Budh Nagar, U.P and he was made to work at the said address. He worked there till October, 2006 when his services were illegally terminated when he had asked for increase in salary. On his objection, he was reinstated in service but the management withheld the facility of ESI card and also stopped his PF facility. He stood as a witness in the case of his co-worker Dhirender Kumar Singh on 11.04.2012. On 10.05.2012 when he went to join his duty, he was informed that his service has been terminated and his salary for the month of April and May, 2012 was also withheld. A demand notice dated 10.09.2012 was also sent but the management did not respond. Hence, the workman prayed for his reinstatement with full backwages and continuity of service alongwith other consequential benefits.

(3.) The management contested the claim of the workman submitting therein that M/s Ashoka Gears and M/s Khanna Engineering Corporation are different establishments. It was further submitted that since the workman lastly worked in Noida which is in Uttar Pradesh, therefore, Delhi Court has no territorial jurisdiction to try the case. It was also submitted that as per the information received, the workman was appointed by M/s Khanna Engineering Corporation with effect from 20.07.2000 and he left the job of his own with effect from 31.10.2006 after taking full and final settlement.