PFIZER LIMITED Vs. GOVERNMENT OF NATIONAL CAPITAL TERRITORY

JUDGEMENT

(1.) The present Petition seeks to challenge the order of reference dtd. 4/3/2021 [hereinafter referred to as the "Impugned Order"] passed by the Respondent No.2, referring a dispute to the learned Labour Court for adjudication. An additional prayer is also being made by the Petitioner seeking directions to quash all proceedings emanating from the Impugned Order.

(2.) The grievance of the Petitioner is in a narrow compass. It is contended by the learned Counsel for the Petitioner that the Respondent No.2 has not exercised the powers and authority vested in it prior to passing the Impugned Order. It is stated that the powers of the Respondent No.2 as a referring authority are to be exercised by applying its mind to relevant factors prior to referring a dispute for adjudication to the learned Labour Court. It is the contention of the Petitioner that unless the aspect of maintainability and jurisdiction is decided by the Referral Authority appointed by Respondent No.1 [hereinafter referred to as the "Referral Authority"], the terms of reference cannot be set out, referring a dispute for adjudication to the Labour Courts.

(3.) Briefly the facts are that a complaint was filed by the Respondent No.3 on 20/12/2019 against the Petitioner alleging wrongful termination of the services of the Respondent No.3 by the Petitioner, which led to summons being issued to the Petitioner. In response to the summons issued by the Referral Authority, the Petitioner addressed communication dtd. 5/3/2020 enclosing Written Submissions with documents as its Reply. A Rejoinder was subsequently filed to those Submissions by the Respondent No.3 and a Sur-Rejoinder as well by the Petitioner. On 4/3/2021, the Referral Authority passed the Impugned Order referring the matter to the learned Labour Court. The Petitioner is aggrieved by this order. It is apposite to extract the terms of the reference as set out by the Referral Authority which are below: