HOTEL TAJ PALACE Vs. JAGAT SINGH AND ORS.

JUDGEMENT

(1.) The present Writ-Petitions i.e. (i) W.P.(C) No. 3229/2004, (ii) W.P. (C) No. 3739/2004, and (iii) W.P. (C) 624/2004 under Articles 226 and 227 of the Constitution of India are arising out of Awards dated 06.08.2003, 20.09.2003 and 06.08.2003 respectively, passed by the Presiding Officer, Labour Court No. VII, Delhi (hereinafter referred to as the "learned Labour Court/Industrial Adjudicator") in I.D. Nos. 673/96, 672/96 and 563/96 respectively.

(2.) The brief facts stated are that the respondent-workmen i.e., (i) Shri Jagat Singh, security guard, (ii) Shri LL. Shah, security guard and (iii) Late Raj Pal Duhan, doorman were appointed w.e.f. 01.09.1984, 04.06.1984 and 24.07.1982 respectively, with the petitioner-management.

(3.) The learned counsel appearing on behalf of the petitionermanagement has drawn the attention of this Court that despite the parties leading evidence on all issues at length before the learned Industrial Adjudicator, he did not give opportunity to advance arguments on all issues. Rather, the learned Industrial Adjudicator wrongly took a shorter route by relying on the judgment, i.e., Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. vs. Ram Gopal Sharma and Ors , in existence of the reference under Section 10 of the Industrial Disputes Act, 1947 and passed the impugned Awards.